AND SANADS - Tufts Digital Library

A COLLECTION OF

TREATIES, ENGAGEMENTSAND SANADS

RELATING TO INDIA AND

NEIGHBOURING COUNTRIES

COMPILED BY

C. U. AITCHISON, B.C.S.,

UNDER SECRETARY TO THE GOVERNMENT OF INDIAIN THE FOREIGN DEPARTMENT

VOL. XIVCONTAINING

THE TREATIES, &c., RELATING TO EASTERNTURKISTAN, TIBET, NEPAL, BHUTAN AND SIAM

Revised and continued up to 1929 by the authotity

of the Foreign and Political Department

CALCUTTA.CENTRAL

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1929

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Government of India Publications are obtainable from the GoverDment ofIndia Central Publication Branch, 3, Government Place, West,

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Anil at all Booksellers.

INDIA AND CEYLON : Provincial Book Depots.MADRAS:-Superintendent, Government Press, Mount Road, Madras.BOMBAY :-Superintendent, Government Book Depot, Town Hall, Bombay.SIND :-LP:.%r sttached to the Otfice of the Commissioner in Sind, Karachi.BENGAL :-Bengal Secretariat Book Depot, Writers' Bui dings, Room No. 1, Ground Floor, Calcutta.UNITED PPOVINCES OF AGRA AND OUDH :-Super tendent of Government Press, United Provinces of Agra

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Calcutta.B. C. Basak. Esq., Proprietor, Albert Library, DaccaMitra Brothers, Rajshahi.[liggin bothatms, Madras.Rochouse and Sons, Madras.G. A. Nateson & Co., Publishers, George Town,

Madras.Theosophical Publishing House, Adyar, Madras.P. aradachary & Co., Madras.S. Murthy &c Co., Madras.Bright & Co., Trivandrum.The Bc3.klover's Resort, Taikad, Trivandrum, South

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Madura.Central Book Depot, Madura.Vijapur Sc Co., Vizagapatam.Thacker & Co., Ltd., Bombay.D. B. Taraporevala Sons & Co., Bombay.Sunder Pandurang, Bombay.Ram Chandra Govind & Sons, Kalbadevi Road,

Bo.abay.N. M. Tripathi & Co., Booksellers, Princess Street,

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Shukrawar, Poona City.ltan.a Krishna Bros., Opposite Vishrambag, Poona

City.S. P. Bookstall 21 Budhwar, Poona.

Mapgallas & Sons, Booksellers and Publishers,Blaga Talao, Surat.

The Standard Book and Stlotnery Co., 32-3, ArbabRoad, Peshawar.

P. B. Umadikar & Co., The Bharat Book Depot,

The Stan ard Bookstall, Karachi, Quetta, Delhi,Murree and Rawalpindi.

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The English Bookstall, Karachi.The Standard Bookstall, Quetta.U. P. Malhotra & Co., Quetta.J. Ray& Sons, 43 K. & L., Edwardes Road, Rawal-

pindi, Murree and Lahore.The Standard Book Depot, Lahore, Nainital,

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Lahore.Puri Brother-, Booksellers and Publishers, Katcher.

Road, Lahore.The Tilak School Bookshop, Lahore.The Standard Bookstall, Lahore.The Proprietor, Punjab Sanskrit Book Depot,

Saidmitha Street, Lahore.The Insurance Publicity Co., Ltd., Lahore.The Punjab Religious Book Society, Lahore.Manager of the Imperial Book Depot, 63, Chandi

Chowk Street, Delhi.Fono Book ageincy, New Delhi.Oxford Book and Stationery Company, Delhi and

Calcutta.Supdt., American Baptist Mission Press, Rangoon.The Modern Publishing House, Ltd., 30, Phayre

Street, Rangoon.Burma Book Club, Ltd., Rangoon.Manager, The - Hitavada," Nagpur.Bhisey Brothers, Booksellers and Stationers. Site-

baldi, Nagpur.S. C. Talukdar, Proprietor, Students & Co., Cooch

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Srivilliputtur (S. I. It.).Raghunatb Prasad & Sons, Patna City.The Students' Emporium, Patna.K L. Mathur & Bros., Guzri, Patna City.Dandekar Brothers, indore City.i',stakalaya Sahayak sahakari, Ltd., Baroda.The Hyderabad Book Depot, Chaderghat, Bydera-

te I ( iD -. q)"T'hunr , ('n , kmraoti.S. Kris nas 'am & Co., Teppakulam P. 0., Tri-

cino oly Fort.National College Teachers' Union Book Depot,

Tricinopoly.

CONTENTS.

PART I.

TREATIES AND ENGAGEMENTS RELATING To EASTFRNTURKISTAN.

PAGI.

NARRATIVE . . . . . . . . . . . . .

TREATIES, etc., No.I.-Commercial treaty concluded with Amir Muhammad

Yakub Khan, Ruler of Kashgar and Yarkand, dated2nd February 1874 7

CONTENTS

PART II.

TREATIES AND ENGAGEMENTS RELATING TO TIBET.

PAGE.

NAR1HAT[VE . . . 13

TREATIES, etc., No.I.-Convention between Great Britain and Tibet, dated

7th September 1904 22II.-Declaration signed by His Excellency the Viceroy and

Governor General of India, and appended to theratified Tibet convention of 7th September 1904.,dated 11th November 1904 25

Ii.-Convention between Great Britain and China confirm-ing the Lhasa Convention of 1904 between GreatBritain and Tibet, dated 27th April 1906 26

IV -Tibet Trade Regulations, 1908 28

CONTENTS iii

PART III.

TREATIES AND ENGAGEMENTS RELATING TO NEPAL.

PAGE.

NARRATIVE . . . . . . . 35

TREATIES, etc., No.I.-Commercial Treaty concluded with Nepal, dated 1st

March 1792 . . . 48

I1.-Treaty with Nepal for the establishment of a Resi-dency at Khatmandu, dated 1801 49

Separate Article of a Treaty with the Raja of Nepalregarding a provision for Swami Ji, dated 26thOctober 1801 53

I1.-Treaty with Nepal on the cessation of hostilities, dated2nd December 1815 (Treaty of Segauli) . 54

IV.-Treaty with Nepal on the restoration of the Tarailands, dated 8th December 1816 57

Letter from the Raja of Nepal on the restoration ofthe Tarai lands, dated 11th December 1816 . 58

Nepal D'arbar's acknowledgment on restoration of theTarai lands, dated 11th December 1816 . 59

V.-Engagement of the Nepal Darbar for the surrenderand capture of thugs, dated 20th January 1837 . 59

VI.-Engagement of the Nepal Darbar for the cessation ofof intrigues with Native Chiefs in India, dated 6thNovember 1839 60

VIT.-Engagement of the Nepal Darbar for the preservationof friendly relations, dated 2nd January 1841 . . 60

VIII.-Treaty with the Maharaja of Nepal regarding the ex-tradition of criminals, dated 10th February 1855 . 61

IX.-Treaty with Nepal on the grant of territorial rewards,dated 1st November 1860 . 63

X.-Supplemental Treaty regarding the surrender of cri-minals, dated 23rd July 1866 . 65

XI.-Agreement with Nepal defining the boundaries of theterritory transferred to Nepal, dated 7th January1875 65

XII.-Further Supplemental Treaty regarding the surrenderof criminals, dated 24th June 1881 . 66

XIII.-Treaty of Friendship with Nepal, dated 21st December1923 67

Note, dated 21st December 1923, respecting the im-portation of Arms and Ammunition into Nepal . 69

AIV CONTENTS

PART IV.

TREATIES AND ENGAGEMENTS RELATING TO BHUTAN.

PAGE.

NARRATIVE . . . . . . . . . . . 71

TREATIES, etc. No.I.-Treaty of peace with the Deb Raja of Bhutan, dated

25th April 1774 . . . . . . . 81I.-Engagement of the Towang Bhutias regarding compen-

sation for the Kuriapara Duars-1844 . 82III.-Kharita to the Deb Raja intimating the annexation of

Ambari Fallakotta, dated 9th June 1864 . 83Similar kharita to the Dharma Raja 85

iV.-Proclamation regarding the annexation of the BengalDuars, dated 12th November 1864 . 85

V.-Agreement of the Chief Officers of the Bhutan Court forthe surrender of two guns, dated 10th November1865 87

VI.-Treaty of peace and friendship with the Deb andDharma Rajas of Bhutan, dated 11th November1865 (The Sinchula Treaty of 1865) . 88

VII.-Proclamation regarding annexation of the Duars, dated4th July 1866 91

VIII.-Translation of a permit granted by the Dharma Raja,for the construction of a road in Bhutan, dated the27th February 1904 . 91

IX.-Treaty with the Maharaja of Bhutan revising certainarticles of the Sinchula Treaty of 1865, dated the8th January 1910 92

X.-Treaty with the Maharaja of Bhutan, dated the 21stNovember 1910, tor the mutual extradition of crimi-nal offenders 94

CONTENTS

PART V.

TREATIES AND ENGAGEMENTS RELATING TO SIAM.

PAGE.

NARRATIVE . . . . . . . . . . . . 97

TREATIES, etc., No.

I.-Treaty of friendship with the King of Siam. dated20th June 1826 107

II.-Treaty of commerce with the King of Siam, dated 17thJanuary 1827 113

III.-Enga~gement with the King of Siam regarding theboundaries ol viovnice Wellesley, dated 2nd Novem-ber 1831 115

IV.-Treaty of friendship and commerce with the King ofSiam, dated 18th April 1855 . 116

General regulations under which British trade is to beconducted in Siam 121

Taxiff of export and inland duties . 122V.--Agreement entered into by the Royal Commissioners

for giving effect to the treaty of 1855, dated 13thMay 1856 124

Schedule of taxes on garden, ground, plantations, andother lands 131

Custom house regulations 134

VI.-Treaty with the King of Siam regarding boundariesof the Tenasserim province, dated 8th February1868 135

Boundary marks explained 137Letter from the Viceroy and Governor-General to the

King of Siam, dated 30th April 1868 . . 148VII.-Treaty with the King of Siam for the prevention of

heirous crime in the province of Chiengmai, dated14th January 1874 149

VIII.-Treaty with the King of Siam for the prevention ofcrime in the territories of Chiengmai, Lakon andLampunchi, and for the promotion of commercebetween British Burma and the territories afore-said, dated 3rd September 1883 . . . . 154

IX.-Notification, dated the 16th May 1887, publishing cor-respondence between the British and Siamese Minis-ters embodying an agreement, known as the Deva-wongse-Satow Agreement of 1887, for reciprocalfree trade on the Burma-Siam frontier . . 160

X.-Agreement between Great Britain and France withregard to Siam and the Upper Mekong, dated 15thJanuary 1896 . . .162

XI.-Convention between Great Britain and Siam regardingthe non-cession of alienation to any other Powerby His Majesty the King of Siam of any of hisrights over any portion of the territories or islandslying to the south of Muong Bang Tapan, dated 6thApril 1897 164

XII.-Agreement with the King of Siam respecting theregistration of British subjects in Siam, dated 29thNovember 1899 " " • 165

CONTENTS

SIAM-continued. PAGE.

XIII.-Agreement with His Siamese Majesty defining the

boundaries between the British and the Siamesedependencies in the Malay States, dated 29th Nov-

ember 1899 167

XIV.-Agreement between Great Britain and Siam relativeto taxation on land held or owned by British sub-jects in Siam, dated 20th September 1900 168

XV.-Declaration signed by His Britannic Majesty's Secre-tary of State for Foreign Affairs and the SpecialEnvoy of His Majesty the King of Siam in respectof certain arrangements in regard to the adminis-tration of the States of Kelantan and Trenggannu,ciated 6th October 1902 169

Draft agreement attached to above declaration 169

Note by His Britannic Majesty's Secretary of State forForeign Affairs, dated 6th October 1902 . 171

Note by the Special Envoy of His Majesty the King ofSiam, dated 6th October 1902 172

XVI.-Agreement between Great Britain and France concern-ing Siam, Madagascar, and the New Hebrides,dated 8th April 1904 173

XVII.-Treaty between Great Britain and Siam modifying theextra-territorial rights of British Subjects in Siamand for the relinquishment by Siam in favour ofGreat Britain of their rights over the States ofKedah, Perlis, Kelantan, Trenggannu and adjacentislands, dated the 10th March 1909 . 175

Boundary Protocol annexed to above Treaty 177

Protocol concerning jurisdiction applicable in Siam toBritish subjects, annexed to above Treaty 179

Notes exchanged between the British Plenipotentiaryand the Siamese Minister for Foreign Affairs re-garding the cession or lease by the Siamese Govern-ment to any foreign Power of territory in the MalayPeninsula for military or naval purposes, dated the10th March 1909 180

Notes exchanged between the Siamese Minister forForeign Affairs and the British Plenipotentiary re-garding the modification of the Jurisdiction Proto-col, dated the 10th l'lalch 1909 181

XVIII.-Convention between Great Britain and Siam cancellingthe Convention of the 6th April 1897, dated the10th March 1909 183

XTX.-Proces-Verbal between Great Britain and Siam forthe establishment of International Courts at certainplaces in Siam, dated the 6th July 1910 . 183

XX.-Procs-Verbal between Great Britain and Siam forthe establishment of an International Court atLakon Lamlpang, dated the 25th August 1925 . 184

XX.-Treaty between Great Britain and Siam regarding theextradition of Fugitive Criminals, dated the 4thMarch 1911 185

XXI1.-Convention between Great Britain and Siam respect-ing the settlement of Enemy debts, dated the 20thDecember 1921 190

XXITTI.-Treaty between Great Britain and Siam for the revi-sion of their mutual Treaty arrangements and Pro-tocol concerning jurisdiction applicable in Siam to

British subjects, dated the 14th July 1925 . . 192

CONTENTS Vi

SIAM-concluded.PAGE,

Protocol concerning jurisdiction applicable in Siam toBritish subjects and others entitled to British pro-tection, annexed to above Treaty 196

XXIV.-Treaty of Commerce and Navigation between GreatBritain and Siam, dated the 14th July 1925 . 198

Notes exchanged between Great Britain and Siam inconnection with the General and Commercial Trea-ties between Great Britain and Siam of the 14thJuly 1925 209

XXV.-Convention between Great Britain and Siam for thearbitration of all questions which may be submittedto that mode of settlement, dated the 25th Novem-ber 1925 213

XXVI.-Notes exchanged between the British and SiameseMinisters ensuring an agreement on drawbacks andthe method of computing ad valorem rates underthe new Siamese Customs Law, 1926, dated the 30thSeptember 1926 215

XXVII.-Notes exchanged between the British and SiameseMinisters regarding the accession of India to certainArticles of the Anglo-Siamese General and Commer-cial Treaties of 1925, dated March 1928 . 218

CONTENTS

APPENDICES.

EASTERN TURKISTAN.

I.-Extracts from the Treaty of Peace, Friendship, Commerce and Naviga-tion between Great Britain and China, signed at Tientsin, the 26thJune 1858

SIAM.

I.-Royal Decree of the King of Siam, dated 9th January 1885Royal Decree of the King of Siam, dated 28th April 1887 .

INDEX TO THE VOLUME .

PAGE.

i

0i)

viii

PART I.

Treaties and Engagementsrelating to

Eastern Turkistan.

T HOUGH nominally forming a portion of the Chinese Dominions asearly as the first century, Eastern Turkistan was not actually con-

quered by China until the reign of the Emperor Ch'ien-Lung when in1758, Zungaria (North of the Thian Shan) and Kashgaria (South of theThian Shan) were united into a single military province known as Sin-kiang (the New Dominion) under a Governor residing at Ili. From thistime onwards Chinese rule, though frequently shaken and eventemporarily overthrown by rebellion, became intimately associated withthe country. The Khojas, dispossessed Mohammedan rulers of Kash-garia, found refuge in Kokand whence they made repeated and sometimestemporarily successful attempts to reoccupy the country. In 1826, 1847and 1857 they reoccupied Kashgar, each time massacring the Chinesecivil population as well as the garrisons, but their cruelty and harshnessdestroyed any chance of gaining real support amongst the local popula-tion who, though co-religionists, formed at the best very poor militarymaterial: and none of these conquests survived for more than a year.

In 1851 a Treaty of Commerce* was signed at Kuldja, regulatingRusso-Chinese trade in Kuldja and Tarbagatai and giving Russia theright of consular representation at Kuldja.

In 1860 the Treaty of Pekingt was signed which delimited the frontierbetween the Russian and Chinese Dominions from the Amur River on theEast to the possessions of Kokand on the West, opened Kashgar to Russiantrade, authorised the cession of land in Kashgar to the Russians for build-ing a trade dep6t, houses, a church and a cemetery, and gave Russiathe right of appointing Consuls at Kashgar and Urga with a reciprocal

Hertslet's China Treaties, Vol. I, Page 449.t Hertslet's China Treaties, Vol. I, Page 461.

EASTERN TURKISTAN.

right of Chinese Consular representation in Russia. The Protocol ofTchuguchak,* signed in 1864, defined in detail the northern and easternboundaries of Russian and Chinese Turkistan.

In 1862 occurred the great M[ohammedan insurrection of the WesternProvinces of China, Shensi and Kansu, which spread until it embracedthe whole of Eastern Turkistan. Full advantage was taken of the revoltby the Khojas, and Buzruk Khan, son of the temporarily successful con-queror of 1826, advanced from Tashkent with a small force, was receivedwith oper, arms by the Mohammedan population and proclaimed as Khan.Rival candidates were put down by the energy and skill of Buzruk Khan'sCommander, Yakub Beg, an adventurer of low origin who had accom-panied him from Tashkent: and in 1866 the latter deposed his masterand became ruler of Kashgaria under the title of Yakoob Khan Badaulat.Yakoob Khan proved himself an able and astute ruler. His independencewas recognised by Russia in 1872 and subsequently by the British Gov-ernment and by the Sultan of Turkey, who conferred upon him the titleof " Anii-al-muminin " or Commander of the Faithful.

While Yakoob Beg was consolidating his position in the countrysouth of the Thian Shan, Russia in 1871 occupied the Ili (Kuldja) Dis-trict to the North, in order to put a stop to the prevailing anarchy andbloodshed. In taking this step, however, the Russian Government pro-inised to return the territory to China should the latter become capableof re-establishing order in her Central Asian Dominions.

In 1869 Yarkand and Kashgar were visited by Messrs. Shaw and Hay-ward, who were received with kindness by the Amir Yakoob: and towardsthe end of the same year the latter sent an envoy to India to express hiswish for the establishment of friendly relations with the British Govern-ment, the development of trade, and the visit of a British officer to hiscapital. Accordingly a mission, composed of Mr. Forsyth (Bengal CivilSerx ice), Mr. Shaw and Dr. Henderson, proceeded to Yarkand in 1870;but, the Amir being engaged in quelling a Tungan (Chinese Mohanme-dan) attack on his eastern frontier, had to return to India without seeinghim.

In 1872 a Russian Mission visited Kashgar and a Commercial Treatywas concluded between the Russians and the Amir Yakoob by which theformer received the privilege of trading without molestation in the Amir'sdominions, subject to a maximum import duty of 21 per cent. on Russiangoods.

Early in 1873 the Amir sent Sayid Yakoob Khan Tora as his envoyto India and Constantinople. As a result of this visit a second mission,again under Mr. ForsYth, was despatched which reached Kashgar in De-

Hertslet's China Treaties, Vol. I, Page 472.

EASTERN TURKISTAN.

cember 1873 and, in February 1874, successfully concluded a CommercialTreaty (No. I) between the British Government and the Amir.

The mission returned to India in the summer of 1874; but owing todelays from various causes the ratifications of the treaty were not ex-changed till October 1876, when the Amir's envoy arrived at Simla on afresh mission.

The question of deputing a permanent agent to Kashgar in accordancewith the Treaty was under consideration when, in July 1877, news wasreceived of the Amir's death. The Chinese Government had made aremarkable military effort, entailing a march across the Gobi desert, toreconquer their lost' territory. The effect of their initial military, suc-cesses was improved by their politic treatment of deserters and prisoners,in sharp contrast to the cruel measures now adopted by the Amir towardshis own subjects: and, with the death of the latter on the 28th May1877, the Kokand power ceased to exist.

The Chinese Teoccupied the country without difficulty, showing apolitic but unusual leniency as conquerors: and by the spring of1878 the country was once more completely in their hands except for theKuldja District which remained in Russian occupation. Eastern Tur-kistan, which had previously been governed as a kind of military colony,was now converted into a regular province with an administration similarto that of the 18 other provinces of China. The capital was establishedat Urumchi and the government of the Province entrusted to a Futai(Provincial Governor) with civil and military powers, assisted by a Pro-vincial Treasurer and a Provincial Judge at his Headquarters, a Com-mander-in-Chief of Chinese troops (Titai) at Kashgar, a Commander-in-Chief of Tartar troops (Chieng-Keun) at Ili and four Taotais (Intendantsof Circuit) in charge of the Divisions of Ili, Urumchi, Aksu and Kashgar.The latter had under their respective control 6, 11, 10 and 12 districtmagistrates or Ambans with executive, magisterial and fiscal functions.This administration has survived the republican revolution of 1912 and,with minor differences, is that now existing. After the republican re-volution the Governor was styled Tupan and Taotais were called Taoyins;the last Titai was overthrown and killed, by the Governor's orders, in1924, having added insubordination to a character already notorious forcruelty and rapacity. The office has not been revived.

The Taoyins' Divisions have been increased to five by the formation ofa new Circuit of Khotan. The minor officials are Mohammedans; trialby Shariat is not only permitted but encouraged and the religion of theinhabitants is not interfered with in any way.

The land is held by peasant proprietors who pay an annual land taxto Government. The provincial revenues used to be assisted by an an-

EASTERN TURKISTAN.

nual subsidy of 800,000 taels from the Central Government; but thisceased on the establishment of the Republic.

Having organised her administration over the reconquered territory,the Chinese Government lost no time in reminding Russia of her promiseof 1871 to restore the Kuldja district. An envoy was sent to St. Peters-burg to negotiate for the retrocession of this part of the province, but theRussians insisted on retaining the rich Tekkes Valley and agreement wasnot reached until the signature of the Treaty of St. Petersburg* in 1881.Under the terms of this Treaty the territory occupied by Russia in 1871was returned to China with the exception of the Western portion of theIH District, now formally incorporated in the Russian dominions, andthe Chinese Government paid an indemnity of £1,431,664 sterling torecoup the Russian Government for expenditure incurred since 1871 inholding and administering the country. Other Articles of the sameTreaty extended the existing right of Russian Consular represen-tation to the towns of Kobdo, Iirumchi, Turfan, Ilami and Guchen,permitted Russian subjects to carry on trade free of duty throughout theprovince of Turkistan and provided for a commission to demarcate theboundary between the Russian province of Ferghana and the westernpart of the Chinese district of Kashgar. The boundary commissionersmet in 1884 and a protocol was exchanged under which the southernmostpoint of the boundary was fixed in the TTz Bel Valley (South East of theGreat Kara Kul Lake) which, the comrnissiners decided, " is the ter-minus of the boundary line of the two countries, the Russian boundaryturning south-west and the Chinese boundary due south ". This proto-col should have left a triangular piece of land on the Pamirs unclaimedby either Russia or China : actually an advance by the Chinese, followedbv their hasty evacuation before an Afghan counter advance, led to aRussian military occupation of this tract in 1892 and the establishmentof the Sarikol range, i.e., the watershed between the Oxus and YarkandRivers, as the de facto Russo-Chinese boundary. This boundary hasnever been confirmed by treaty, but was tacitly accepted by the Anglo-Russian Commission of 1895 which proceeded to the Pamirs in order todelimit the Russo-Afghan boundary.

The Indo-Chinese frontier on the side of Eastern Turkistan has neverbeen fixed by treaty. The State of Kanjut or Hunza was at one time-tinder a vague Chinese suzerainty and still possesses rights of grazing and,ultivation in portions of Chinese territory. The Mir of ITunza, ac-cording to a custom of long standin,, sends agZents vearJv to Kashgar toexchange presents with the Taoyin, as the chief local representative ofthe Chinese Government.

*Hertslet's China Treaties, Vol. I, Page 483,

EASTERN TURKISTAN.

In 1893 the Government of India stationed an officer in Kashgar underthe designation of " Special Assistant for Chinene Affairs to the Residentin Kashmir ". In 1904 the post was altered td that of His BritannicMajesty's Consul, but was not recognised as a Consulate by the ChineseGovernment until 1908. The appointment was raised to that of a Consul-General in 1911 under the designation of His Britannic Majesty's Consul-General for the New Dominion and Kobdo.

In 1912 the outbreak of the great republican revolution in China madeitself felt in the Province. The Ili (Kuldja) District rose at once in asuccessful revolt in favour of the republican party, but Kashgaria remain-ed quiet until the news of the final complete victory of the republic ledto disturbances against the officials of the old regime many of whom, in-cluding the Provincial Governor and the Taotai of Kashgar, were mur-dered. These disturbances were, however, entirely confined to theChinese; the native population took no part in them and the safety offoreigners in the country was never threatened, though the Russians seizedthe opportunity to strengthen their Kashgar Consulate escort up to aforce of some 800 Cossacks.

The Province was little affected by the outbreak or the progress of theGreat War until the Russian Revolution of 1917, which led to the with-drawal in 1920 of the Russian Consul-General and the practical cessationof all trade or intercourse with Russia.

In 1922 the Chinese Government announced the abrogation of theRusso-Chinese Treaty of 1881t (Treaty of St. Petersburg), thereby de-priving British Indian Traders of the privilege of duty-free import andexport in Sinkiang, a, privilege which they had enjoyed, in consequenceof Article XII of the Treaty of St. Petersburgt, under the " mostfavoured nation " clause of the Treaty of Tientsin of 1858.* The relevantArticles of the latter Treaty will be found in Appendix No. I.

The Indian trade, however, though carr,'.d on under extraordinaryphysical difficulties, received a very strong stimulus from the cessation ofall Russian rivalry and continued to increase until the revival of inter-course with Russia.

In September 1925 the Union of Soviet Socialist Republics appoint-ed a Consul-General at TUrumchi, a Consul at Kuldja and a Consul-General at Kashqar. There is also a Consul at Tchuguchak. The Con-sul-General at Kashgar has a large staff of assistants whose functions arelargely those of trade agents: and the Soviet Consulate, deprived of theextra-territorial rights possessed by its Tsarist predecessor, now dividesits work between the political propaganda inseparable from Soviet insti-tutions and a ra-idly growing import and export business. The increas-

* Flertslet's China Treaties, Vol. I, Page 34.

t Hiertslet's China Treaties, Vol. T, Page 488.

EASTERN TURKISTAN.

ing trade with Russia is having a considerable effect on the trade withIndia, and the latter is likely to continue to decrease.

In contrast with China proper, peace and order were maintained inthe province of Sinkiang throughout the sixteen years following the re-volution of 1912. This was entirely due to the strong rule of GovernorYang-Tseng-Hsin, who was careful to keep aloof from all factions inChina. After the capture of Peking by the Southern " Na'tionalists "in 1928, however, he felt himself compelled to declare in their favour.In July 1928 he declared his government to be o IProvincial (mxerm-ment under the new Central Government of Nanking, and announcedthat the Governor would in future be known as the Chairman (Chu-Ilsi)and Commander-in-Chief (Tsung-Sze-Ling) of Sinkiang Province, andthat Taovins would be called Political Commissioners (Hsing-Cheng-Chang).

A few days later, on the 7th July 1928, his able rule was brought toan end by his assassination by a party headed by his Commissioner forForeign Affairs. On the following day the latter and a number of hisfollowers were captured and executed by one of the late Governor Yang'ssupporters, named Chin-Shu-Zen, who was provisionally elected Governoror Chairman by the local officials.

EASTERN TURKISTAN-NO. 1-1874.

No. I.

TREATY between the BRITISH GOVERNMENT and His HIGHNESS the AMEEnMAHOMED YAKOOB KHAN, RULER of the TERRITORY of KASHGAR and YAR-

KUND, his heirs and successors, executed on the one part by THOMAS DOUGLASFORSYTH, C.B., in virtue of full powers conferred on him in that behalf by

His EXCELLENCY the RIGHT HON'BLE THOMAS GEORGE BARING, BARON

NORTHBROOK Of STRATTON and a BARONET, MEMBER OF the PRIVY COUNCIL

of HER MOST GRACIOUS MAJESTY the QUEEN of GREAT BRITAIN and IRELAND,

GRAND MASTER of the MOST EXALTED ORDER of the STAR Of INDIA, VICEROYand GOVERNOR-GENERAL of INDIA in COUNCIL, and on the other part bySYUD MAHOMED KHAN TOORAH, Member of the 1st CLASS of the ORDER Of

MEDJEDIE, etc., in virtue of full powers conferred on him by His HIGHNESS,-1874.

Whereas it is deemed desirable to confirm and strengthen the good under-

standing which now subsists between the high contracting parties, and to promotecommercial intercourse between their respective subjects, the following Articleshave been agreed upon :-

ARTICLE 1.

The high contracting parties engage that the subjects of each shall be at libertyto enter, reside in, trade with and pass with their merchandize and property intoand through all parts of the dominions of the other, and shall enjoy in such domi-nions all the privileges and advantages with respect to commerce, protection orotherwise, which are or may be accorded to the subjects of such dominions, or tothe subjects or citizens of the most favored nation.

ARTICLE 2.

Merchants of whatever nationality shall be at liberty to pass from the terri-tories of the one contracting party to the territories of the other with their mor-chandize and property, at all times and by any route they please; no restrictionshall be placed by either contracting party upon such freedom of transit unlessfor urgent political reasons to be previously communicated to the other; and

such restriction shall be withdrawn as soon as the necessity for it is over.

ARTICLE 3.

European British subjects entering the dominions of His Highness the Ameerfor purposes of trade or otherwise must be provided with passports certifying totheir nationality. Unless provided with such passports they shall not be deemedentitled to the benefit of this Treaty.


ARTICLE 4.

On goods imported into British India from territories of His Highness theAineer by any route over the Himalayan passes which lie to the south of HisHighness' dominions, the British Government engages to levy no import duties.On goods imported from India into the territories of His Highness the Ameer noimport duty exceeding 2 - per cent. ad valorem shall be levied. Goods importedas above into the dominions of the contracting parties may, subject only to suchexcise regulations and duties and to such municipal or town regulations andduties as may be applicable to such classes of goods generally, be freely sold bywholesale or retail and transported from one place to another within British Indiaand within the dominions of His Highness the Ameer respectively.

ARTICLE 5.Merchandize imported from India into the territories of His Highness the

Ameer will not be opened for examination till arrival at the place of consignment.If any disputes should arise as to the value of such goods, the Customs Officer orother officer acting on the part of His Highness the Ameer shall be entitled todemand part of the goods at the rate of one in forty in lieu of the payment ofduty. If the aforesaid Officer should object to levy the duty by taking a portionof the goods, or if the goods should not admit of being so divided, then the pointin dispute shall be referred to two competent persons, one chosen by the afore-said Officer and the other by the importer, and a valuation of the goods shall bemade, and if the referees shall differ in opinion, they shall appoint an arbitrator,whose decision shall be final, and the duty shall be levied according to the valuethus established.

ARTICLE 6.

The British Government shall be at liberty to appoint a Representative atthe Court of His Highness the Ameer and to appoint Commercial Agents sub-ordinate to him in any towns or places considered suitable within His Highness'territories. His Highness the Ameer shall be at liberty to appoint a Representa-tive with the Viceroy and Governor-General of India, and to station CommercialAgents at any places in British India considered suitable. Such Representativeshall be entitled to the rank and privileges accorded to Ambassadors by the lawof nations, and the Agents shall be entitled to the privileges of Consuls of themost favored nation.

ARTICLE 7.British subjects shall be at liberty to purchase, sell, or hire land or houses or

depots for merchandize in the dominions of His Highness the Ameer, and thehouses, depots, or other premises of British subjects shall not be forcibly enteredor searched without the consent of the occupier unless with the cognizance of theBritish Representative or Agent and in presence of a person deputed by him.


ARTICLE 8.

The following arrangements are agreed to for the decision of civil suits andcriminal cases within the territories of His Highness the Ameer in which Britishsubjects are concerned :-

(a) Civil suits in which both plaintiff and defendant are British subjects,and criminal cases in which both prosecutor and accused are Britishsubjects, or in which the accused is an European British subject men-tioned in the third Article of this Treaty, shall be tried by the BritishRepresentative or one of his Agents in the presence of an Agentappointed by His Highness the Ameer;

(b) Civil suits in which one party is a subject of His Highness the Ameerand the other party a British subject, shall be tried by the Courts ofHis Highness in the presence of the British Representative or one ofhis Agents or of a person appointed in that behalf by such Repre-sentative or Agent;

(c) Criminal cases in which either prosecutor or accused is a subject of HisHighness the Ameer shall, except as above otherwise provided, betried by the Courts of His Highness in presence of the British Repre-sentative or of one of his Agents or of a person deputed by the BritishRepresentative or by one of his Agents;

(d) Except as above otherwise provided, civil and criminal cases in whichone party is a British subject, and the other the subject of a foreignpower, shall, if either of the parties is a Mahomedan, be tried in theCourts of His Highness; if neither party is a Mahomedan, the casemay, with consent of the parties, be tried by the British Representa-tive or one of his Agents; in the absence of such consent, by the Courtsof His Highness.

(e) In any case disposed of by the Courts of His Highness the Ameer towhich a British subject is party, it shall be competent to the BritishRepresentative, if he considers that justice has not been done, to re,present the matter to His Highness the Ameer who may cause the caseto be retried in some other Court, in the presence of the British Repre-sentative or of one of his Agents or of a person appointed in that behalfb such Representative or Agent.

ARTICLE 9.

The rights and privileges enjoyed within the dominions of His Highness theAmeer by British subjects under the Treaty shall extend to the subjects of allPrinces and States in India in alliance with Her Majesty the Queen; and if withrespect to any such Prince or State, any other provisions relating to this Treatyor to other matters should be considered desirable, they shall be negotiated throughthe British Government,


ARTICLE 10.

Every affidavit and other legal document filed or deposited in any Courtestablished in the respective dominions of the high contracting parties, or in theCourt of the Joint Commissioners in Ladakh, may be proved by an authenti-cated copy, purporting either to be sealed with the seal of the Court to whichthe original document belongs, or in the event of such Court having no seal, tobe signed by the Judge or by one of the Judges of the said Court.

ARTICLE 11.

When a British subject dies in the territory of His Highness the Ameer hismovable and immovable property situate therein shall be vested in his heir, exe-cutor, administrator, or other representative in interest or (in the absence of suchrepresentative) in the Representative of the British Government in the aforesaidterritory. The person in whom such charge shall be so vested shall satisfy theclaims outstanding against the deceased, and shall hold the surplus (if any) fordistribution among those interested. The above provisions mutatis antandis shallapply to the subjects of His Highness the Ameer who may die in British India.

ARTICLE 12.

If a British subject residing in the territories of His Highness the Ameer be-comes unable to pay his debts or fails to pay any debt within a reasonable timeafter being ordered to do so by any Court of Justice, the creditors of such insolventshall be paid out of his goods and effects; but the British Representative shallnot refuse his good offices, if needs be, to ascertain if the insolvent has not left inIndia disposable property which might serve to satisfy the said creditors. Thefriendly stipulations in the present Article shall be reciprocally observed withregard to His Highness' subjects who trade in India under the protection of the'aws.

This Treaty having this day been executed in duplicate and confirmed by HisHighness the Ameer, one copy shall, for the present, be left in the possession ofHis Highness, and the other, after confirmation by the Viceroy and Governor-General of India, shall be delivered to His Highness within twelve months in ex-change for the copy now retained by His Highness.

Signed and sealed at Kashgar on the second day of February in the year ofour Lord 1874, corresponding with the fifteenth day of Zilhijj 1290 Hijree.

T. DOUGLAS FORSYTH,

Envoy and Plenipotentiary.

Whereas a Treaty for strengthening the good understanding that now existsbetween the British Government and the Ruler of the territory of Kashgar andyarkund, and for promoting commercial intercourse between the two countries

E-ASTERN TURKISTAN-NO. 1-1874. i

Was agreed upon and concluded at Kashgar on the second day of February in theyear of Our Lord eighteen hundred and seventy-four, corresponding with thefifteenth day of Zilhijj twelve hundred and ninety Hijree, by the RespectivePlenipotentiaries of the Government of India and of His Highness the Ameer ofKashgar and Yarkund duly accredited and empowered for that purpose: I, theRight Hon'ble Thomas George Baring, Baron Northbrook of Stratton, etc., etc.,Viceroy and Governor-General of India, do hereby ratify and confirm the Treatyaforesaid.

Given under my hand and seal at Government House in Calcutta, this thirteenthday of April in the year of Our Lord one thousand eight hundred and seventy.four.

NORTHBROOK.

PART II.


Tibet.

T IBET is divided into four main provinces, viz.:

U and Tsang-Central Tibet.Ngari Korsum-Western Tibet.Kham-Eastern Tibet.Chang Tang-Northern Tibet.

The province of U contains the capital, Lhasa, which is the head-quarters of the Dalai Lama, and of the Deva Shung or Supreme Govern-ment of the country.

Northern Tibet, that is to.say about two-thirds of the country, is abarren desolate plateau; but in the south the valleys are fertile andfairly populated, with ample pasturage for sheep and cattle.

Of the extent of its mineral resources not much is known, but it isbelieved that gold, silver and iron abound in certain parts. Salt isfound in great quantities in the Chang district, and the finest borax isproduced in western Tibet. Coal has been found but not in sufficientquantities to repay exploitation.

The head of the State is the Dalai Lama, or as he is generally knownin the country, the Gyalva, or Kyap-gon, Rimpoehe. This personageis believed by the Tibetans to be the incarnation of the Saint PadmaPani, and on the death of each Dalai Lama the re-incarnation of hissl)irit is sought for among the new-born infants of the country. Duringthe minority of the infant Lama a regent, selected from the ecclesiasticsof one of the Lhasa monasteries and known as the Po Gyalpo, is appoint-ed to administer the State. Under the regent comes the Ka-sha orCouncil of State, consisting of four Sha-pe or ministers, usually laymenelected for life to transact political and administrative business, andhear appeals from the Jongpens or district officers and the Lhasa law

( 13 )

TIBET.

courts. This council is at times assisted in inportant matters ,v theNational Committee composed of Generals, Financial Secretaries andother officials. The National Assembly, called the Tsong-du-Chembo,meets on occasion to discuss malters of grave national importance.Among the members of this Assembly are the Abbots of the three greatLhasa monasteries, Sera, Gaden, and Drepung, and delegates from thesmaller Gompas of Lhasa and the province of U.

Of the early history of Tibet little is known; but it appears thatduring the seventh century the Chinese asserted their superiority overthe Tibetans and penetrated to Lhasa. In ]206 Tibet was conqueredby Jenghiz Khan, and in 1270 Kubilai Khan, the first Mongol Emperorof China, embraced Lamaism. But, though the Moiigols and Chinesemaastered the Tibetans by force of arms, the latter maintained a spiri-tual inflaence over their conquerors. During the fifteenth century an in-carnation of the great reformer Tsong-ka-pa (who founded the yellow-cap or reformed school of Tibetan Buddhism) was installed at Lhasa asthe first " Grand Lama," and built the great monastery of Tashi-lhunponear Shigatse. One of his successors received the title of " DalaiLama " from a Mongol prince. in 1640 the Mongols invaded Tibetand, having dethroned all the petty princes of the country, made theDalai Lama supreme. He established himself at Lhasa, where hebuilt the huge palace of the Potala. He was the first of the Priest-Kings, who combined in their own persons temporal as well as religiousauthority. In 1650 he visited China and was confirmed by the ManchuEmperor in the title of Dalai Lama.

In 1717 an army of Zungarians overran the country, but were expelledwith the assistance of the Chinese, who thereupon secured their influencein Tibet by establishing two Ambans at Lhasa as representatives of theEmperor. In 1749 the Tibetans rebelled against the Ambans andmassacred the Chinese, but an army was despatched from China andspeedily restored order.

The first record of British dealings with Tibet was in 1174, whenWarren Hastings despatched Mr. Bogle, of the Bengal Civil Service, ona mission to Shigatse, where he was received with great kindness by theTashi Lama. In 1783 a second friendly mission was despatched toShigatse under Captain Samuel Turner.

In 1792 the Gurkhas invaded the country by the Nyanam route,and marched .traight upon the wealthy nmonaistery of Tashi-lhunpo.The unprepared Tibetans fled in dismay, leaving the Gurkhas to plunderat will. Appeal to China brought an army to the assistance of theTibetans. The invaders were driven back to Nepal, and a settlementwas arranged.

TIBET.

In 1811 an Englishman named Thomas Manning visited Lhasa indisguise.

In 1841 Gulab Singh, Raja of Jammu, despatched an army underGeneral Zorawar Singh, which marched up the valley of the Indus,plundered the monasteries of Hanle and Tashigong, and took possessionof the provinces of Rudok and Garo. The Tibetans again turned to theChinese, who sent an army to their assistance. The two armies met inDecember in the neighbourhood of the Manasarowar lakes. After anengagement which lasted three days, the Chinese succeeded in practi-cally annihilating their foes. The following year the Chinese advancedinto Ladak and laid siege to Leh, but were compelled to retire to Rudok.A treaty* was signed, whereby the former boundary was established.

The Maharaja of Kashmir sends a commercial Mission with presentsto Lhasa every three years.

In 1854 the Gurkhas, on the pretext of ill-treatment of Nepalese-merchants in Lhasa, again advanced across the Tibet frontier; but theTibetans held their own fairly well without Chinese assistance. In1856, owing to internal troubles in Nepal, the Gurkhas withdrew theirforces, and a'treaty was signed, whereby the Tibetan Government agreedto make an annual payment of Rs. 10,000 to Nepal; to permit the NepalGovernment to establish a trading station at Lhasa; and to maintain arepresentative there (see Nepal, 'art 111).

In 1873 the Deputy Commissioner of Darjeeling, Mr. (afterwardsSir John) Edgar, was deputed to enquire into the possibility of re-estab-

* As on this auspicious day, the 2nd of Assuj Sambat 1899 (16th or 17th Sep-tenber 1842 A.D.) we, the officers of the Lhassa (Government), Kalon of Sokanand Bakhshi Shajpuh, Commander of the Forces and two officers on behalf of themost resplendent Sri Khalsaji Sahib, the asylum of the world, King Sher Singhjiand Sri Maharaj Saliib Raja-i-Rajagan Raja Sahib Bahadur Raja Gulab Singhji,i.e., the Mukhtar-ud-Daula Diwan -ari Chand and the asylum of vizirs, VizirItatnun, in a meeting called together for the promotion of peace and unity, andby professions and vows of friendship, unity and sincerity ot heart and by Takingoaths like those of Kunjak Sahib, have arranged and agreed that relations ofpeace, friendship and unity between Sri Khalsaji and Sri Maharaj Sahib BahadurRaja Gulab Silghji, and the Emperor of China and the Lama Guru of Lhassa willhenceforward remain firmly established for ever; and we declare in the presenceci the Kunjak Sahib that on no account whatsoever will there be any deviation,difference or departure (from this agreement). We shall neither at present norin future have anything to do ur interfere at all with the boundaries of Ladakhand its surroundings as fixed from ancient times and will allow the annual exportof wool, shawls and tea by way of Ladakh according to the old established custom.

Should any of the opponents of Sri Sarkar Khalsaji and Sri Raja Sahib Bahadurat any time enter our territories, we shall not pay any heed to his words or allowhim to remain in our country.

We shall offer no hindrance to traders of Ladakh who visit our territories.We shall not even to the extent of a hair's breadth act in contravention of theterms that we have agreed to above regarding firm friendship, unity, the fixedboundaries of Ladakh and the keeping open of the route for wool, shawls and tea.We call Kunjak Sahib, Kairi, Lassi, Zhoh Mahan, and Khushal Choh as witnessesto this treaty.

The treaty was concluded on the 2nd of the month of Assuj, Samat 1899 (16thor 17th September 1842 A.D.).

TIBET.

lishing Indian trade with Tibet, which had been in abeyance for nearlya century. A few years later a road was made by Sir Richard Templethrough Sikkim to the Tibet frontier at the Jelap pass. In 188b aserious effort was begun to open up intercourse with Tibet; Mr. ColmanMacaulay, was deputed on a commercial mission, and to ascertain whethera direct road could be opened up between Darjeeling and the province ofTsang, which was famed for its wool.

In 1885, he visited Peking to obtain a passport for the mission toTibet, under the provisions of the convention between the British andChinese Governments signed at Chefoo in 1876, which guaranteed theprotection of a British mission. After some difficulty, the TsungliYamen granted the required passport. The mission was organised earlyin 1886 but was subsequently abandoned for various reasons. TheTibetans, who had been greatly disturbed by the prospect of the mission,attributed its abandonment to pusillanimity, and, assuming an aggressiveattitude, erected a stone fort across the road at Lingtu, some 12 mileswithin the Sikkim frontier. The Chinese were requested to reason withthe Tibetans; but, as their efforts to induce them to abandon Lingtuproved futile, a British force of 1,400 men and 2 guns was despatched,which drove the Tibetans from their fort into Chumbi. On the 21stMay 1888, 3,000 Tibetans attacked the British camp at Gnatong, butwere repulsed. On September 23rd they again advanced from Chumbi,and erected a stone wall 3 miles long above Gnatong. From this posi-tion they were easily driven by the British force under General Graham,and fled in confusion across the Jelap-La. The British troops thenadvanced to Rinchingong and Chumbi, returning to Gnatong a few dayslater. On the conclusion of hostilities, the Chinese Resident, after somedelay, came to Sikkim to negotiate a settlement and was met by SirMortimer Durand, Foreign Secretary, and Mr. Paul, I.C.S. Despitethe extreme forbearance shown to the Tibetans, and the leniency of ourterms, which merely required the recognition of the long establishedfrontier between Sikkim and Tibet, the acknowledgment of the exclu-sive supremacy of the British with the Sikkim State, and a promise toabstain fron further aggression, the Chinese refused for some time tocome to terms, and it was not till 1890 that a Convention (see Vol. XII-Sikkim) was signed, by which the Chinese acknowledged Britishclaims in Sikkim and agreed to the establishment of a trade mart atYatung. The boundary between Sikkim and Tibet was also defined andprovision was made for subsequent discussion of trade regulations.

In 1893 British and Chinese representatives met to discuss mattersof trade and communications, and signed Regulations (see Vol. XII-

Sikkim) by which the Yatung trade mart was opened and British sub-

TIBET.

jetts were allowed to rent houses and purchase and sell good withoutvexatious restrictions. Goods other than arms, ammunition, militarystores, salt, liquors, and intoxicating or narcotic drugs, entering Tibetfrom British India across the Sikkim-Tibet frontier, or vice versd, wereto be exempt from duty for a period of five years, on the expiration ofwhich, if found desirable, a tariff might be mutually agreed upon andonforced. Indian tea might be imported into Tibet at a rate of duty notexceeding that at which Chinese tea was imported into England; buttrade in Indian tea was not to be engaged in during the five years forwhich other commodities were exempt.

It was evident from the outset that the Tibetans had no intentionof observing the convention. At Phari, a march or two beyond Yatung,a 10 per cent. duty was charged on all goods from India, and no Tibetantraders were allowed to go beyond Phari in the direction of Yatung withtheir goods. In 1895 the Commissioner of the Rajshahi Division wastold flatly at Yatung that, as the convention was made by the Chineseonly, the Tibetan Government refused to recognise it.

An attempt at delimiting the frontier was made in 1895, but thepillars erected by the British and Chinese officers were removed by theTibetans, and no further progress was made in the settlement of thefrontier in the ensuing three years. In 1899 Lord Curzon addressedthe Chinese Resident at Yatung, stating that the Government of Indiawere prepared to agree to a revision of the Tibetan frontier, so as toleave to Tibet the land which they claimed in the neighbourhood ofGiagong, on condition that IPhari should be thrown open to traders fromBritish India, Yatung having proved unsuitable. The Chinese Resi-dent replied that the frontier had been carelessly laid down in thetreaty; that he was under the impression that the Tibetans would stronglyobject to having the mart placed at Phari; but that on his return toLhasa he would communicate His Excellency's wishes to the Tibetans.This, however, he never did, and no further answer to this proposalwas ever received, though the Tsungli Yamen, who had been addressedon the subject by the Minister at Peking in December 1899, stated thatthey had written to the Resident at Lhasa to enquire into the circum-stances.

In the years 1899-1901 several fruitless attempts were made bythe Government of India to open negotiations with the Tibetans.Mr. White, the Political Officer in Sikkim, was accordingly deputed totour along the Sikkim frontier and exclude the Tibetans from the grazinggrounds at Giagong. He arrived at Giagong in June 1902 and removedthe Tibetans, destroying their block houses. He however, reported theexistence of a mutual understanding between the Sikkimese and Tibetans,

TIBET.

by which the former grazed their flocks in Tibet in the winter, and t6latter grazed their flocks in Sikkim in the summer. His proceedingsattracted the notice of the Chinese Government, and a special ImperialResident, Yu T'ai, was sent with all speed to negotiate in a friendlyspirit with Mr. White. It was agreed that the meeting should takeplace at Khamba Jong, and Major Younghusband, who had been ap-pointed as British Commissioner and granted the local rank of Colonel,arrived there in July 1903. The Tibetans, however, refused to opennegotiations qnd requested the mission to withdraw to Giagong, andbegan to collect troops to attack the mission. It was also reported thatthey had seized and put to death two British subjects.

On August 25th Lord Curzon addressed the Chinese Itesident, point-ing out that neither the Chinese nor Tibetan representatives, deputedto the fr6ntier, were of suitable rank corresponding with that of CofonelYounghusband, and that both had shown themselves unfit for diplomaticintercourse: and requesting that either the Amban himself, or hiscolleague, should participate in the negotiations. The attitude assumedby the Tibetans continued antagonistic and, as Colonel Younghusbanddespaired of arriving at a peaceful solution until the Tibetans wereconvinced of the seriousness of the Government of India's intentions,sanction was accorded to the mission to proceed to Gyantse. The ad-vance began on December 13th. The military escort to the missionconsisted of three infantry regiments, two companies of sappers andminers, four guns, and a maxim gun section, under the command ofBrigadier-General J. R. L. Macdonald. It proceeded through Phari toTuna, meeting with no opposition. After a further halt and fruitlessnegotiations, an advance was made to Guru on the 31st March 1904.Here a force of about 2,000 armed Tibetans was found occupying anentrenched position blocking the road. An attempt to disarm themresulted in an attack by the Tibetans, which was easily repulsed. Themission reached Gyantse on April 11th, opposition being offered at theDzam-trang gorge. On April 22nd a communication was received fromthe Amban stating that he would arrive at Gyantse in three weeks' time.On May 5th the camp at Gyantse was attacked by the Tibetans, whowere repulsed with great loss.

As the Chinese delegates did not arrive within the period allowedthem, it was decided that the mission should proceed to Lhasa. OnSuly 6th the Jong at Gyantse was captured and the mission arrived at

Lhasa on August 3rd. The Dalai Lama had fled, leaving the Gaden-Ti-Rimpochi, a monk, as regent; but it was ascertained that a satis-

factory agreement could be completed without him, by the consent ofthe National Assembly and the three great monasteries. The Amban was

TIBET.

prepared to regard the Tashi Lama as head of the Buddhist Church inlieu of the Dalai Lama. On September 7th a Treaty (No. I) wassigned at Lhasa, under which the Tibetans were to pay a fine of75 lakhs in annual instalments of one lakh. The mission returned toIndia without molestation. The convention was ratified on the 11thNovember, but a Declaration (No. II) was appended to it which reducedthe indemnity from 75 to 25 lakhs, and declared that the British occu-pation of' Chumbi should cease after payment of three instalments,provided that the marts had been effectively opened for three years andthat the Tibetans faithfully fulfilled the other terms of the convention.

A British officer was sent shortly after as Trade Agent to GYantseand an Indian officer to Gartok.

On the departure of the British mission, the Chinese immediately tookmeasures to assert their sovereignty over Tibet: and a force under ChaoErh Feng gradually subdued the whole of Eastern Tibet.

The Tashi Lama of Shigatse was invited to Calcutta on the occasionof the visit of the Prince of Wales in 1905. During the course of hisstay the Tashi Lama, who was given a salute of 17 guns, paid formalvisits to the Prince of Wales and the Viceroy and received the honourof return visits. In November 1905, the Gaden-Ti-Rimpochi (theRegent at Lhasa in the absence of the Dalai Lama) wrote to the Princeof Wales expressing his hope thait the existing friendly relations betweenthe two governments would prove everlasting. The Prince of Walesstated in his reply that it was the sincere wish of His Majesty the Kingthat the friendly relations established should prove firm and durable.

A Convention (No III) confirming the Lhas- coiivention of 1904between Great Britain and Tibet, was concluded between Great Britainand China at Peking on the 27th April 1906.

In 1907 a convention* was signed by Great Britain and Russia withreference to Asiatic questions. Both parties acknowledged the suze-rainty of China over Tibet and agreed not to negotiate with Tibet exceptthrough the intermediary of China. Both agreed not to send repre-sentatives to Lhasa, not to seek concessions in Tibet, and not to allowTibetan revenues to be pledged to either.

An important change in the system of Government of Tibet wasintroduced by the Chinese in 1907, in the appointment of Chief Ministers(Loi chen). At first ' Chief Ministers were appointed, but as these (liedthey were not replaced. The last died in 1926. A relative df the DalaiLama was then appointed Prime Minister.

In 1908 Trade Regulations were signed by the Tibetan, Chinese andBritish ]Pleunipotetitiaries (No. IV). The previous Trade RegulatiOns

* See Vol. XIII-Persia.

TIBET.

(1893)* were reaffirmed. Boundaries of the Gyantse Trade Mart werefixed, rules rea'arding the lease of sites by British traders framed, andarrangements made regarding law and justice at the marts. The admin-

istration of the Gvantse and Yatung Trade Marts was to remain with theTibetan officers under the supervision of tie ('hinese officers. The regula-tions were subject to revision after 10 year ; but, though certain modi-fications were made as a. re.slt of the abortive Tripartite Convention of1914, they still remain the basis of Tido-Tibetan trade arrangeiiients.

In 1908 Chinese " Superintendents " were appointed at the TradeMarts, but their presence was not conducive to the furtherance of directintercourse between the British and Tibetan Trade Agents.

In 1909 the Chinese Government suggested that Chinese troops

should be allowed to travel to Tibet through Calcutta, but the suggestionwas not entertained.

The Dalai Lama, who had fled on the approach of the British Mission

in 1904, returned to Lhasa in December 1909. Within a few months,the Chinese Government issued a proclamation deposing him and

gradually took over the administration of the greater part of the country.

The Dalai Lama fled from Lhasa in February 1910, pursued by Chinesetroops. At the crossing of the Tsangpo they were held up by the Dalai

Lama's bodyguard,. and he eventually reached India safely. He andhis Ministers pressed the Government of India for help against theChinese, but they steadily refused to interfere.

Towards the end of 1911, when the news of the Chinese revolutionIbecame known, disturbances broke out amongst the Chinese in Lhasa and

elsewhere, and some Chinese officers took refuge in the British TradeAgency. After some serious fighting in Lhasa, an agreement was

reached in August 1912 by which the Chinese were to give up their armsand leave Tibet for China vid India, receiving money and facilities fortheir journey. A large number of Chinese left, but some remainedbehind in breach of the agreement, and there was more fighting beforethese also left in December 1912.

A Tibetan Mission used to be sent annually to Peking to pay tribute

to the Emperor of China but since 1912 this has been discontinued.

On the 26th October 1912 Yuan Shih Kai, the President of the

Chinese Republic, issued a proclamation reinstating the Dalai Lamawho he said had been dismissed by the Emperor of China.

Meanwhile the Dalai Lama had left Kalimpong for Tibet in the

previous June, but owing to the renewed outbreak in Lhasa he remained

* See Vol. XII-Sikkim.

TIBET.

some time at Samding, a monastery near the Yamdrok Tso lake, and

did not enter Lhasa until the 23rd January 1913.

In 1913 a conference of Tibetan, Chinese and British Plenipoten-

tiaries met in India to try and bring about a settlement with regard tomatters on the Sino-Tibetan Frontier: and a Tripartite Convention was

drawn up and initialled in 1914. The Chinese Government, however,refused to permit their Plenipotentiary to proceed to full signature.

In the meantime there had been desultory fighting on the Chinese

border and the Tibetans succeeded in recovering a large area which ],ad

been conquered by Chao Erh Feng. In August 1918, Mr. Teichman

of the Chinese Consular Service, acting as intermediary, effected a tem-

porary agreement at Chamdo, under which a new frontier was provi-sionally laid down and the number of troops that the Tibetans andChinese might maintain near it was limited. At Rongbatsa, where the

Chinese and Tibetan troops were at close quarters and there was everydanger of an outbreak of hostilities, Mr. Teichman concluded a supple-mentary agreement under which both the Tibetans and Chinese agreed

to withdraw their troops from the frontier and not to move them back

for a year. These agreements were subject to confirmation. Though

generally observed in practice, they did not receive formal recognitionfrom the Chinese Government.

In 1920, at the pressing invitation of the Dalai Lama, Sir CharlesBell went to Lhasa and stayed for about a year.

In 1922 the Tibetan Government engaged the late Sir Henry Hayden,

at one time Director General of the Geological Survey of India, to ex-amine Tibet's mineral resources. His report was not favourable asregards commercial possibilities.

In 1921 the Royal Geographical Society sent an expedition toattempt the ascent of Mount Everest, and renewed attempis were madein 1922 and 1924. The Tibetan Government refused permission forfurther expeditions.

In 1922 a telegraph and telephone line was constructed from Gyantse(the terminus of the Indian line) to Lhasa.

In 1924 Major F. M. Bailey, Political Officer in Sikkim, went tc

Lhasa and remained there one month.

The area of Tibet is roughly estimated at 460,000 square miles and

population at 31 to 5 millions. The annual revenues of the countrywere estimated some years ago at Rs. 20,00,000

TIBET-NO. 1-1904.

No. I.

CONVENTION BETWEEN GREAT BRITAIN AND TIBET,-1904.

Whereas doubts and difficulties have arisen as to the meaning and validity of

the Anglo-Chinese Convention of 1890*, and the Trade Regulations of 1893*, and

as to the liabilities of the Tibetan Government under these agreements ; and where-

as recent occurrences have tended towards a disturbance of the relations of friend-

ship and good understanding which have existed between the British Govern-

ment and the Government of Tibet ; and whereas it is desirable to restore peace

and amicable relations, and to resolve and determine the doubts and difficulties

as aforesaid, the said Governments have resolved to conclude a convention with

these objects, and the following articles have been agreed upon by Colonel F. E.

Younghsband, C.I.E., in virtue of full powers vested in him by His Britannic

Majesty's Government and on behalf of that said Government, and Lo-Sang Gyal-

Tsen, the Ga-den Ti-Rimpoche, and the representatives of the Council, of the three

monasteries Se-ra, Dre-pung, and Ga-den, and of the ecclesiastical and lay officials

of the National Assembly on behalf of the Government of Tibet.

I.

The Government of Tibet engages to respect the Anglo-Chinese Convention

of 1890 and to recognise the frontier between Sikkim and Tibet, as defined in Article

1 of the said Convention, and to erect boundary pillars accordingly.

II.

The Tibetan Government undertakes to open forthwith trade marts to which

all British and Tibetan subjects shall have free right of access at Gyantse and

Gartok, as well as at Yatung.

The Regulations applicable to the trade mart at Yatung, under the Anglo-

Chinese Agreement of 1893*, shall, subject to such amendments as may hereafter

be agreed upon by common consent between the British and Tibetan Governments,

apply to the marts above-mentioned.

In addition to establishing trade marts at the places mentioned, the Tibetan

Government undertakes to place no restrictions on the trade by existing routes,

and to consider the question of establishing fresh trade marts under similar condi-

lions if development of trade requires it.

III.

The question of the amendment of the Regulations of 1893* is reserved for se-

parate consideration, and the Tibetan Government undertakes to appoint fully

See Vol- XII, Sikkim.

TIBET-NO. 1-1904.

authorised delegates to negotiate with representatives of the British Governmentas to the details of the amendments required.

IV.

The Tibetan Government undertakes to levy no dues of any kind other thanthose provided for in the tariff to be mutually agreed upon.

V.

The Tibetan Government undertakes to keep the roads to Gyantse and Gartokfrom the frontier clear of all obstruction and in a state of repair suited to the needsof the trade, and to establish at Yatung, Gyantse and Gartok, and at each of theother trade marts that may hereafter be established, a Tibetan Agent who shallreceive from the British Agent appointed to watch over British trade at the martsin question any letter which the latter may desire to send to the Tibetan or tothe Chinese authorities. The Tibetan Agent shall also be responsible for the duedelivery of such communications and for the transmission of replies.

VI.

As an indemnity to the British Government for the expense incurred in thedespatch of armed troops to Lhasa, to exact reparation for breaches of treatyobligations, and for the insults offered to and attacks upon the British Commis-sioner and his following and escort, the Tibetan Government engages to pay asum of pounds five hundred thousand-equivalent to rupees seventy-five lakhs-to the British Government.

The indemnity shall be payable at such place as the British Government mayfrom time to time, after due notice, indicate whether in Tibet or in the Britishdistricts of Darjeeling or Jalpaiguri, in seventy-five annual instalments of rupeesone lakh each on the 1st January in each year, beginning from the 1st January1906.

VII.

As security for the payment of the above-mentioned indemnity, and for thefuilfilment of the provisions relative to the trade marts specified in Articles II,III, IV and V, the British Government shall continue to occupy the Chumbi valleyuntil the indemnity has been paid and until the trade marts have been effectivelyopened for three years, whichever date may be the later.

VIII.

The Tibetan Government agrees to raze all forts and fortifications and removeall armaments which might impede the course of free communication between theBritish frontier and the towns of Gyantse and Lhasa.

TIBET-NO. 1-1904.

Ix.

The Government of Tibet engages that, without the previous consent of theBritish Government-

(a) no portion of Tibetan territory shall be ceded, sold, leased, mortgagedor otherwise given for occupation, to any Foreign Power;

(b) no such Power shall be permitted to intervene in Tibetan affairs;(c) no representatives or Agents of any Foreign Power shall be admitted

to Tibet;(d) no concessions for railways, roads, telegraphs, mining or other rights

shall be granted to any Foreign Power, or the subject of any ForeignPower. In the event of consent to such concessions being grantedsimilar or equivalent concessions shall be granted to the BritishGovernment ;

(e) no Tibetan revenues, whether in kind or in cash, shall be pledged orassigned to any Foreign Power, or the subject of any Foreign Power.

X.

In witness whereof the negotiators have signed the same, and affixed there-unto the seals of their arms.

Done in quintuplicate at Lhasa, this 7th day of September in the year of ourLord one thousand nine hundred and four, corresponding with the Tibetan date,the 27th day of the seventh month of the Wood Dragon year.

F. E. YOUNGHUSBAND, Col.,

British Commissioner.

Seal of Seal of the Dalai Lama,British affixed by the Ga-den

Commissioner. Ti-Rimpoche.

Seal of Seal of the Seal of Sera Seal of Seal ofCouncil. Dre-pung Monastery. Ga-den Monas- National

Monastery. tery. Assembly.

,In proceeding to the signature of the Convention, dated this day, the repre-seritatives of Great Britain and Tibet declare that the English text shall be binding.

F. E. YOUNGHUSBAND, Col.,


Seal of Seal of the Dalai LamaBritish affixed by the Ga-den

Commissioner. Ti-Rimpoche.

Seal of Seal of the Seal of Sera Seal of Seal ofCouncil. Dre-pung Monastery. Ga-den Monas- National

Monastery. tery. Assea bly.

AMPTHILL,

Viceroy and Governor-General of India.

TIBET-NOS. I AND 11-1904.

This Convention was ratified by the Viceroy an-1 Governor-41enera] of Indiain Council at Simla on the elevnth day of Novemb-r, A.D., one thousand ni iwhundred and four.

S. M. FRASER,

Secretary to the Government of India,

Foreign Department.

No. II.

DECLARATION SIGNED BY HIs EXCELLENCY THE VICEROY AND GOVERNOR-GENE-

RAL OF INDIA AND APPENDED TO THE RATIFIED CONVENTION OF 7TH SEP-

TEMBER 1904.

His Excellency the Viceroy and Governor-General of India, having ratifiedthe Convention which was concluded at Lhasa on 7th September 1904 by ColonelYounghusband, C.I.E., British Commissioner, Tibet Frontier Matters, on behalfof His Britannic Majesty's Government; and by Lo-Sang Gyal-Tsen, the Ga-denTi-Rimpoche, and the representatives of the Council, of the three monasteties,Sera, Dre-pung and Ga-den, and of the ecclesiastical and lay officials of the NationalAssembly, on behalf of the Government of Tibet, is pleased to direct as an act ofgrace that the sum of money which the Tibetan Government have bound them-selves under the terms of Article VI of the said Convention to pay to His Majesty'sGovernment as an indemnity for the expenses incurred by the latter in connectionwith the despatch of armed forces to Lhasa, be reduced from Rs. 75,00,000 toRs. 25,00,000; and to declare that the British occupation of the Chumbi valleyshall cease after the due payment of three annual instalments of the said indemnityas fixed by the said Article, provided, however, that the trade marts as stipulatedin Article II of the Convention shall have been effectively opened for three yearsas provided in Article VI of the Convention; and that, in the meantime, the Tibe-tans shall have faithfully complied with the terms of the said Convention in allother respects.

AMPTHILL,

Viceroy and Governor-Genetal of India.

This declaration was signed by the Viceroy and Governor-General of Indiain Council at Simla on the eleventh day of November, A.D., one thousand ninehundred and four.

S. M. FRASER,


Foreign Department.

TIBET-NO 111-1906.

No. m.

CONVENTION between GREAT BRITAIN and CHINA-1906.

Whereas His Majesty the King of Great Britain and Ireland and of the BritishDominions beyond the Seas, Emperor of India, and His Majesty the Emperorof China are sincerely desirous to maintain and perpetuate the relations of friend-ship and good understanding which now exist between their respective Empires;

And whereas the refusal of Tibet to recognise the validity of or to carry intofull effect the provisions of the Anglo-Chinese Convention of March 17th, 1890,and Regulations of December 5th, 1893, placed the British Government underthe necessity of taking steps to secure their rights and interests under the saidConvention and Regulations;

And whereas a Convention of ten articles was signed at Lhasa on September7th, 1904, on behalf of Great Britain and Tibet, and was ratified by the Viceroyand Governor-General of India on behalf of Great Britain on November 11th,1904, a declaration on behalf of Great Britain modifying its terms under certainconditions being appended thereto ;

His Britannic Majesty and His Majesty the Emperor of China have resolvedto conclude a Convention on this subject and have for this purpose named.Pleni-potentiaries, that is to say :-

HIs MAJESTY THE KING of GREAT BRITAIN and IRELAND:

Sir Ernest Mason Satow, Knight Grand Cross of the Most Distinguished Orderof St. Michael and St. George, His said Majesty's Envoy Extraordinary and Min-ister Plenipotentiary to His Majesty the Emperor of China;

and HIs MAJESTY THE EMPEROR of CHINA.

His Excellency Tong Shao-yi, His said Majesty's High Commissioner Pleni-potentiary and a Vice-President of the Board of Foreign Affairs,

who having communicated to each other their respective full powers and findingthem to be in good and due form have agreed upon and concluded the followingConvention in six articles:-

ARTICLE I.

The Convention concluded on September 7th, 1904, by Great Britain andTibet, the texts of which in English and Chinese are attached to the present Con-vention as an annexe, is hereby confirmed, subject to the modification stated inthe declaration appended thereto, and both of the High Contracting Parties en-gage to take at all times such steps as may be necessary to secure the due fulfil-ment of the terms specified therein.

TIBET-NO. iii-1906.

ARTICLE II.

The Government of Great Britain engages not to annex Tibetan territory orto interfere in the administration of Tibet. The Government of China also under-takes not to permit any other foreign state to interfere with the territory or internaladministration of Tibet.

ARTICLE III.

The concessions which are mentioned in Article 9 (d) of the Convention con-cluded on September 7th, 1904, by Great Britain and Tibet are denied to anystate or to the subject of any state other than China, but it has been arrangedwith China that at the trade marts specified in Article 2 of the aforesaid Conven-tion Great Britain shall be entitled to lay down telegraph lines connecting withIndia.

ARTICLE IV.

The provisions of the Anglo-Chinese Convention of 1890 and Regulations of1893 shall, subject to the terms of this present Convention and annexe thereto,remain in full force.

ARTICLE V.

The English and Chinese texts of the present Convention have been carefullycompared and found to correspond, but in the event of there being any differenceof meaning between them the English text shall be authoritative.

ARTICLE VI.

This Convention shall be ratified by the Sovereigns of both countries and rati-fications shall be exchanged at London within three months after the date of signa-ture by the Plenipotentiaries of both Powers.

In token whereof the respective Plenipotentiaries have signed and sealed thisConvention, four copies in English and four in Chinese.

Done at Peking this twenty-seventh day of April, one thousand nine hundredand six, being the fourth day of the fourth month of thirty-second year of thereign of Kuang-hsu.

ERNEST SATOW.

TONG SHAO-YI.

TIBET-NO. IV-19*8.

No. IV.

TIBET TRADE REGULATIONS,-1908.

Preamble.-Whereas by Article I of the Convention between Great Britainand China on the 27th April 1906, that is the 4th day of the 4th moon of the 32ndyear of Kwang Hsu, it was provided that both the High Contracting Partiesshould engage to take at all times such steps as might be necessary to secure thedue fulfilment of the terms specified in the Lhasa Convention of 7th September1904 between Great Britain and Tibet, the text of which in English and Chinesewas attached as an Annexe to the above-mentioned Convention ;

And whereas it was stipulated in Article III of the said Lhasa Conventionthat the question of the amendment of the Tibet Trade Regulations which weresigned by the British and Chinese Commissioners on the 5th day of December1893 should be reserved for separate consideration, and whereas the amendmentof these Regulations is now necessary;

His Majesty the King of the United Kingdom of Great Britain and Irelandand of the British Dominions beyond the Seas, Emperor of India, and His Majestythe Emperor of the Chinese Empire have for this purpose named as Plenipoten-tiaries, that is to say :

His Majesty the King of Great Britain and Ireland and of the British Dominionsbeyond the Seas, Emperor of India,-Mr. E. C. Wilton, C.M-G. ;

His Majesty the Emperor of the Chinese Empire-His Majesty's Special Con.-missioner Chang Yin Tang;

And the High Authorities of Tibet have named- as their fully authorised Re-presentative to act under the directions of Chang Tachen and take part in t-he

negotiations-The Tsarong Shape, Wang Chuk Gyalpo.

And whereas Mr. E. C. Wilton and Chang Tachen have communicated to eachother since their respective full powers and have found them to be in good andtrue form and have found the authorisation of the Tibetan ]Delegate to be alsoin good and true form, the following amended Regulations have been agreedupon :

I--The Trade Regulations of 1893 shall remain in force in so far as they arenot inconsistent with these Regulations.

II.-The following places shall form, and be included within the boundaries

of the Gyantse mart :-

(a) The line begins at the Chumig Dangsang (Chhu-Mig-Dangs-Sangs)north-east of the Gyantse Fort, and thence it runs in a curved line,passing behind the Pekor-Chode (Dpal-Hkhor-Choos-Sde), down to

TIBET-NO. T-108.

Chag-TDng-Gang (Phyag-Gdong-Sgang); thence passing straightover the Nyan Chu, it reaches the Zamsa (Zam-Srag). (b) From

the Zamsa the line continues to run, in a south-eastern direction,round to Lachi-To (Gla-Dkyii-Stod), embracing all the farms on itsway, viz., The Lahong; The Hogtso (Itog-Mtsho); The Tong-Chung-Shi (Grong-Chhung-Gshis); and the Rabgang (Rab-Sgang),etc. ; (c) From Lachi-To the line runs to the Yutog (Gyu-Thog),and thence runs straight, passing through the whole area of Gamkar-Shi (Ragal-Mkhar-Gshis), to Chumig Dingsang.

As difficulty is experienced in obtaining suitable houses and godowns at someof the marts, it is agreed that British subjects may also lease lands for the build-ing of houses and godowns at the marts, the locality for such building sites to bemarked out especially at each mart by the Chinese and Tibetan authorities inconsultation with the British Trade Agent. The British Trade Agents and Britishsunbjects shall tot build houses and godowns except in such localities, and thisarrangement shall not be held to prejudice in any way the administration of theChinese and Tibetan Local Authorities over such localities, or the right of Britishsubjects to rent houses and godowns outside such localities for their own accom-modation and the storage of their goods.

British subjects desiring to lease building sites shall apply through the BritishTrade Agent to the Municipal Office at the mart for a permit to lease. The amountof rent, or the period or conditions of the lease, shall then be settled in a friendlyway by the lessee and the owner themselves. In the event of a disagreementbetween the owner and lessee as to the amount of rent or the period or conditionsof the lease the case will be settled by the Chinese and Tibetan Authorities inconsultation with the British Trade Agent. After the lease is settled, the siteshall be verified by the Chinese and Tibetan. Officers of the Municipal Office con-jointly with the British Trade Agent. No building is to be commenced by thelossee on a site before the Municipal Office has issued him a permit to build, butit is agreed that there shalT be no vexatious delays in the issue of such permit.

III.-The administration of the trade marts shall remain with the TibetanOfficers, under the Chinese Officers' supervision and directions.

The Trade Agents at the marts and Frontier Officers shall be of suitable rank,and shall hold personal intercourse and correspondence one with another on termsaf mutual respect and friendly treatment.

Questions which cannot be decided by agreement between the Trade Agentsand the Local Authorities shall be referred for settlement to the Government ofIndia and the Tibetan High Authorities at Lhasa. The purport of a referenceby the Government of India will be communicated to the Chinese Imperial Resi-dent at Lhasa. Questions which cannot be decided by agreement between theGovernment of India and the Tibetan High Authorities at Lhasa shall, in accord[-ance with the terms of Article I of the Peking Convention of 1906, be referredfor settlement to the Governments of Great Britain and China.

TIBET-NO. IV-1908.

IV.--In the event of disputes arising at the marts between British subjectsand persons of Chinese and Tibetan nationalities, they shall be enquired into andsettled in personal conference between the British Trade Agent at the nearestmart and the Chinese and Tibetan Authorities of the Judicial Court at the mart,the object of personal conference being to ascertain facts and to do justice. Wherethere is a divergence of view the law of the country to which the defendant belongsshall guide. In any of such mixed cases, the Officer, or Officers of the defendant'snationality shall preside at the trial ; the Officer, or Officers of the plaintiff'scountry merely attending to -watch the course of the trial.

All questions in regard to rights, whether of property or person, arising betweenBritish subjects, shall be subject to the jurisdiction of the British Authorities.

British subjects, who may commit any crime at the marts or on the routesto the marts, shall be handed over by the local authorities to the British TradeAgent at the mart nearest to the scene of offence, to be tried and punished accord-ing to the laws of India, but such British subjects shall not be subjected by thelocal authorities to any ill-usage in excess of necessary restraint.

Chinese and Tibetan subjects, who may be guilty of any criminal act towardsBritish subjects at the marts or on the routes thereto, shall be arrested and punishedby the Chinese and Tibetan Authorities according to law.

Justice shall be equitably and impartially administered on both sides.

Should it happen that Chinese or Tibetan subjects bring a criminal complaintagainst a British subject before the British Trade Agent, the Chinese or TibetanAuthorities shall have the right to send a representative, or representatives, towatch the course of trial in the British Trade Agent's Court. Similarly, in casesin which a British subject has reason to complain of a Chinese or Tibetan subjectin the Judicial Court at the mart, the British Trade Agent shall have the rightto send a representative to the Judicial Court to watch the course of trial.

V.-The Tibetan Authorities, in obedience to the instructions of the PekingGovernment, having a strong desire to reform the judicial system of Tibet, andto bring it into accord with that of Western nations, Great Britain agrees to relin-quish her rights of extra-territoriality in Tibet, whenever such rights are relin-qaished in China, and when she is satisfied that the state of the Tibetan laws andthe arrangements for their administration and other considerations warrant herin so doing.

VI.-After the withdrawal of the British troops, all the rest-houses, elevenin number, built by Great Britain upon the routes leading from the Indian frontierto Gyantse, shall be taken over at original cost by China and rented to the Govern-ment of India at a fair rate. One-half of each rest-house will be reserved for theuse of the British officials employed on the inspection and maintenance of thetelegraph lines from the marts to the Indian frontier and for the storage of theirmaterials, but the rest-houses shall otherwise be available for occupation byBritish, Chinese and Tibetan officers of respectability who may proceed to andfrom the marts.

TIBET-NO. IV-1908.

Great Britain is prepared to consider the transfer to China of the telegraphlines from the Indian frontier to Gyantse when the telegraph lines from Chinareach that mart and in the meantime Chinese and Tibetan messages will be dulyreceived and transmitted by the line constructed by the Government of India.

In the meantime China shall be responsible for the due protection of the tele-

graph lines from the marts to the Indian frontier and it is agreed that all personsdamaging the lines or interfering in any way with them or with the officials engagedin the inspection or maintenance thereof shall at once be severely punished by

the local authorities.

VII.-In law suits involving cases of debt on account of loans, commercialfailure, and bankruptcy, the authorities concerned shall grant a hearing and take

steps necessary to enforce payment; but, if the debtor plead poverty and bewithout means, the authorities concerned shall not be responsible for the saiddebts, nor shall any public or official property be distrained upon in order to satisfythese debts.

VIII.-The British Trade Agents at the various trade marts now or hereafterto be established in Tibet may make arrangements for the carriage and trans-mission of their posts to and from the frontier of India. The couriers employedin conveying these posts shall receive all possible assistance from the local author-

ities whose districts they traverse and shall be accorded the same protection asthe persons employed in carrying the despatches of the Tibetan Authorities.When efficient arrangements have been made by China in Tibet for a PostalService, the question of the abolition of the Trade Agent's couriers will be takeninto consideration by Great Britain and China. No restrictions whatever shall

be placed on the employment by British officers and traders of Chinese and Tibetansubjects in any lawful capacity. The persons so employed shall not be exposedto any kind of molestation or suffer any loss of civil rights to which they maybe entitled as Tibetan subjects, but they shall not be exempted from all lawfultaxation. If they be guilty of any criminal act, they shall be dealt with by thelocal authorities according to law without any attempt on the part of their em-ployer to screen or conceal them.

IX.-British officers and subjects, as well as goods, proceeding to the trademarts, must adhere to the trade routes from the frontier of India. They shallnot, without permission, proceed beyond the marts, or to Gartok from Yatungand Gyantse, or from Gartok to Yatung and Gyantse, by any route through theinterior of Tibet, but natives of the Indian frontier, who have already by usagetraded and resided in Tibet, elsewhere than at the marts shall be at liberty tocontinue their trade, in accordance with the existing practice, but when so tradingor residing they shall remain, as heretofore, amenable to the local jurisdiction.

X.-In cases where officials or traders, en route to and from India or Tibet

are robbed of treasure or merchandise, public or private, they shall forthwithreport to the Police officers, who shall take immediate measures to arrest therobbers, and hand them to the Local Authorities. The Local Authorities shall

TIBET-NO. IV-1908.

bring them to instant trial, and shall also recover and restore the stolen property.But, if the robbers flee to places out of the jurisdiction and influence of Tibet.,and cannot be arrested, the Police and the Local Authorities shall not be heldresponsible for such losses.

XI.-For public safety tanks or stores of kerosene oil or any other combus-tible or dangerous articles in bulk must be placed far away from inhabited placesat the marts.

British or Indian merchants, wishing to build such tanks or stores, may notdo so until, as provided in Regulation II, they have made application for a suit-able site.

XII.-British subjects shall be at liberty to deal in kind or in money, to selltheir goods to whomsoever they please, to purchase native commodities fromwhomsoever they please, to hire transport of any kind, and to conduct in generaltheir business transactions in conformity with local usage and without any vexa-tious restrictions or oppressive exactions whatever.

It being the duty of the Police and Local Authorities to afford efficient pro-tection at all times to the persons and property of the British subjects at themarts, and along the routes to the marts, China engages to arrange effectivepolice measures at the marts and along the routes to the marts. On due fulfil-ment of these arrangements, Great Britain undertakes to withdraw the TradeAgents' guards at the marts and to station no troops in Tibet so as to removeall cause for suspicion and disturbance among the inhabitants. The ChineseAuthorities will not prevent the British Trade Agents holding personal intercourseand correspondence with the Tibetan officers and people.

Tibetan subjects trading, travelling or residing in India shall receive equaladvantages to those accorded by this Regulation to British subjects in Tibet.

XIII.--The present Regulations shall be in force for a period of ten yearsreckoned from the date of signature by the two Plenipotentiaries as well as by theTibetan Delegate; but if no demand for revision be made on either side withinsix months after the end of the first ten years, then the Regulations shall remainin force for another ten years, from the end of the first ten years : and so it shallbe at the end of each successive ten years.

XIV.-The English, Chinese and Tibetan texts of the present Regulationshave been carefully compared, and, in the event of any question arising as to theinterpretation of these Regulations, the sense as expressed in the English textshall be held to be the correct sense.

XV.-The Ratification of the present Regulations under the hand of HisMajesty the King of Great Britain and Ireland, and of His Majesty the Emperorof the Chinese Empire, respectively, shall be exchanged at London and Pekingwithin six months from the date of signature.

In witness whereof the two Plenipotentiaries and the Tibetan Delegate havesigned and sealed the present Regulations.

TIBE t-NO. !V-1908.

Done in quadruplicate at Calcutta, this twentieth day of April, in the yearof our Lord nineteen hundred and eight, corresponding with the Chinese date,the twentieth day of the third moon of the thirty-fourth year of Kuang Hsu.

E. C. WILTON,


Signature of-

CHANG YIN TANG,

Chinese Special Commissioner.

Signature of-

WANG CUIJK (rYALPO,

Tibetan Delegqate.S. H. BUTLER,

Qffg. Secretary to the Government of India.

PART III.

Treaties and Engagements

relating to

Nepal.

U P to the middle of the eighteenth century the three Newar Kingdomsof Bhatgaon, Kathmandu and Patan divided between themselves

the small valley of Nepal. They were continually at variance: and dur-ing one of their struggles, Ranjit Mal, King of Bhatgaon, applied forassistance to Prithvi Narayan, the King of the Gurkhas, a Chief claimingdescent from the Rajput Sesodia family ruling in Mewar (Cdaipur).Prithvi Narayan lost no time in availing himself of the opportunity togain a footing in Nepal and in a very short space of time the three king-doms were again united and resisting the encroachments of the Gurkhas.In the common cause Raja Ranjit Mal of Kathmandu applied in 1767 tothe British Government for assistance. Aid was granted and CaptainKinloch was despatched with a small force in the middle of the rainyseason. He was, however, compelled by the deadly climate of the Taraito retire. The Gurkha Chief then overran Nepal, extinguishing theNewar dynasties. The kingdom so formed was soon extended westwardsto the Kali river and eastwards to the Mechi, and the whole countrybecame known as Nepal. The Chief was then recognised as the Maha-raja of Nepal.

Later the Nepalese conquered the hill country of M-akwanpur, andclaimed the cultivated lowlands on payment to the British Governmentof the same tribute as was paid by the Raja of Makwanpur. The claimwas admitted. For thirty years they continued to present yearly anelephant as tribute for these lands, but the tribute was eventuallyrelinquished by article 7 of the Treaty (No. II) of 1801.

After the failure of Kinloch's expedition there was little connectionwith Nepal till the administration of Lord Cornwallis, when negotiationswere opened by the Nepalese through Mr. Duncan, then Resident atBenares, which resulted in the Commercial Treaty (No. I) of March 1792.

( 35)

NEPAL.

ior several years previous to 1792 the Nepalese had been extending theirconquests in the direction of Tibet aiid had advanced as far as 1)igarchi,the Lama of which place was spiritual father to the Emperor of China.Incensed by the plunder of the sacred temples of Digar.hi, the Emperorof China despatched a large arniv to punish the Maharaja : and it wasin order to deter the Chinese from the invasion of Nepal that the latterentered into the commercial treaty with the British, to whoii he alsoapplied for military aid.

Lord Cornwallis offered to negotiate a peace between Nepal andChina; but before Major Kirkpatrick, who was deputed to Kathmandu forthis purpose, reached the Nepal frontier, the Nepalese had been compelledto conclude an ignominious treaty w ith the Chinese General within a fewmiles of their capital. The arrangements then entered into included thedespatch of a quinquennial mission from Nepal, with presents to the Em-peror of China. This custom ceased on the deposition of the Emperor inconsequence of the Chinese revolution of 1912.

The ostensible object of Kirkpatrick's mission was now at an end;but, as he had instructions to take measures to improve the commercialadvantages secured by the treaty of 1792, he advanced to Kathmandu.The Nepalese, however, evaded all his overtures and showed a determina-tion to avoid a closer alliance, and in March 1793 Major Kirkpatrickquitted Nepal.

From this time till 1800 British intercourse w\ith Nepal was restrictedto occasional friendly letters and the presentation Ly Nepal of thetribute for Makwanpur. Prithvi Niaravan had died in 1771. He lefttwo sons, Singh Pertab and Bahadur Sah, the former of whom succeededhis father. Singh Pertab's reign was short and he died in 1775, beingsucceeded by his infant son Ran Bahadur Sab. with his uncle, Baha-dur Sah, as regent. The next ten years witnessed a struggle between theRegent and the Queen-Mother, in the course of which Bahadur Sah hadto fly to India; but in 1786 on the death of the Rani, he returned toNepal and assumed once more the post of Regent, which he held until1795, when he was murdered by the young Maharaja Ran Bahadur Sah,who took over the management of the State. Ran Bahadur Sah's rulewas characterized by intolerable tyranny: and after five years he wasforced to abdicate in favour of his infant son, Girvan Jodh Bikram, leav-ing one of his Ranis as regent. On leaving Nepal he retired to Benares,where Captain Knox was appointed to attend him as Political Agent.Ran Bahadur was received by the British Government with every markof distinction and was supplied with money to meet his expenses. Hispresence within British territory was deemed a favourable opportunityfor the renewal of attempts to form a closer alliance with Nepal: and itwas devided to open negotiations, with the comobined objects of improvingrelations, giving full effect to the treaty of 1792 which had become a dead

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letter, procuring a suitable settlement for the deposed prince and arrang-ing for the apprehension and surrender of fugitive dakaits who had longgiven trouble on the frontier. Captain Knox was therefore deputed tothe Nepal frontier to meet a deputation from Kathmandu where theseobjects, as well as the establishment of a Residency at Kathmandu, wereprovided for in the Treaty (No. II) of October 1801. Captain Knox wasappointed the first Resident, and was well received by the Rani Regent.Arrangements had just been concluded to give full effect to the treaty,when Ran Bahadur's elder Rani, who had accompanied him to Benares,suddenly returned to Kathmandu, overthrew the regency, and herselftook charge of the young Maharaja and the Government. It now becamethe policy of the Nepal Government to evade fulfilment of its engage-ments with the British; and their aversion to the continuance of theResident became so marked that in March 1803 Captain Knox withdrewfrom Nepal, and on the 24th January 1804 Lord Wellesley formallydissolved the alliance.

With the alliance at an end Ran Bahadur was allowed to return toNepal, where he inaugurated his re-accession to power by the murderof the leader of the party opposed to his interests. He was himself soonafter killed in a dispute with his brother; and Bhim Sen Thapa, ayoung and ambitious man who had accompanied him into exile, obtainedpossession of the person of the young Raja Girvan Jodh Bikram and,with the countenance of Ran Bahadur's chief Rani, assumed the directionof affairs. During the regency of Bhim Sen Thapa the Nepalese domin-ion was extended from the Kali river to the Sutlej. All the hill chiefsof this area accepted Nepalese rule, and several military posts wereestablished in their country.

From the dissolution of the alliance in 1804 down to 1812, Britishtransactions with Nepal consisted entirely of unavailing remonstrancesagainst aggressions on the frontier of British territory throughout its en-tire length and in fruitless attempts to induce the Nepalese to aid Britishofficers in the suppression of dakaitis and robberies along the frontier.In 1804 the Nepalese seized the parganas of Butwal and Sheoraj,which had been ceded to the British Government by the Wazirof Oudh, under pretext of their having belonged to the possessions ofthe Palpa Raja, then subdued by Nepal. In 1808 the Nepalese Governorof Morang feized the entire zamindari of Bhimnagar, situated on thefrontier of Purnea; but this case was so flagrant that Government deter-mined to take action and in the month of June 1809 a British detachmentwas sent to'the frontier with orders to resume the zamindari by force.This decided measure was sufficient and the Nepalese evacuated the landsin 1810. In 1811 the Nepalese again crossed the frontier of British Indiaand at nearly the same time took possession of some lands on the Butwaland Bettiah boundaries. This aggression was forcibly resisted by the

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people of the Bettiah frontier and gave rise to the first border skirmish

with the Nepalese.

Later, Commissioners were appointed by the East India Company and

the Nepal Government to enquire into and adjust all frontier disputes.

The investigation resulted in the establishment of the right of the Com-

pany to the disputed districts, but the Nepalese evaded restitution. Lord

Hastings thereupon threatened the forcible occupation of the lands if

they were not evacuated bya, given date. The prescribed time having

expired without a reply from Nepal, the disputed districts were occupied

in the middle of April 1814.

War was now inevitable and was formally declared on the Ist

November 1814. The British advanced in four columns. The two

eastern columns met with no success; the two western columns, operat-

ing in the hilly country west of the Kali river, after an arduous caln-

paign in which the Nepalese fought with great skill and bravery, gained

possession of the whole country lying between the Kali and the Sutlej,

which had so recently been annexed by Nepal. The Nepalese general

commanding in this area ca-pitulated to Sir David Ochterlonv on the 15th

May 1815, agreeing to withdraw all Nepalese troops to the east of the

Kali and resigning to the, British all their possessions from Kuinaon to

the Sutlej. Kumaon was annexed as a British district, the Dun was also

administered, and afterwards formally annexed, while the remainder of

the hill countr'v was restored to the Rajas and Chiefs from whom the

Nepalese had taken it. The Nepalese Government was now disposed to

treat for peace; but negotiations were twice broken off by their refusing

to comply with the demand for the cession of the Tarai. A second cam-

paign seemed inevitable, when Lord Hastings offered to 1ay yearly the

estimated value of the Tarai and to make some other concessions which

induced the Nepal Commissioners to sign the Treaty of Segauli on the

2nd December 1815, promising that it should be ratified within fifteen,days.

The Treaty (No. III) was ratified by the Governor-General, but the

Nepal Government declined to ra-tify : and in the beginning of February

1816 the Nepalese Commissioner gave formal intimation of the intentionof the Nepalese to recommence the war. The British forces under Sir

David Ochterlony at once advanced towards Kathmandu. The Nepalese

made a brave resistance, but were defeated in several encounters: and

their Government sent a Commissioner to the British headquarters tosue for peace. On the 4th March the unratified Treaty of ISega li was

presented to the British Government with the addition of the signature

of the Nepalese Commissioner, and was duly ratified. The hill landseast of the Mechi and part of the Tarai between the Mechi and Tista.

ceded under this treaty, were made over to Sikkim, against which country

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the Maharaja of Nepal bound himself to commit no aggression. On the11th l)ecember 1816 the 4th article of the treaty of Segauli, by which theBritish Government had undertaken to pay two lakhs of rupees a year aspensions to certain Nepalese Chiefs, was annulled (No. IV) in consi-deration of the restoration to Nepal of the greater portion of the Tarailands between the Rapti and the Kusi. The Tarai lands westward to theKali were made over to Oudh.

Mr. Gardner, the first Resident appointed under the treaty of Segauli,found Bhim Sen Thapa, the Minister, invested with complete controlover the country. Shortly after Mr. Gardner's arrival at KathmanduMaharaja Girvan Jodh Bikram died, his successor, Rajendra Bikram Sah,being then only two years old. The ministry of Bhim Sen was continuedduring the minority, and from that time till 1832 he enjoyed completeaad uninterrupted power. During the whole of this period a martialpolicy prevailed in the councils of Nepal.

During the latticr years of Bhim Sen's ministry several unsuccessfulattempts were made to improve British relations with Nepal. In 1833negotiations regarding the treatment of British subjects attached to theResidency failed, through the refusal of the Nepal Government to enterinto any treaty by which it should waiVe its rights to punish suchoffenders according to its own usages. In 1834 negotiations to revivethe commercial treaty of 1792 were closed, the Nepal Governmentdeclining to recognise its validity and proposing another, very disadvan-tageous to British interests. In 1836 another endeavour of the Com-pany's Government to improve commercial rela tions with Nepal wasfrustrated by the unwillingness of the Nepal Government to make anysuitable concessions with regard to the duties to be levied on Britishgoods. Better success, however, attended negotiations for the captureand surrender of thugs and dakaits, and an Engagement (No. V) wasconcluded in January 1837, securing mutual advantages in this respect.

Signs of opposition to the uncontrolled power of Bhim Sen, whosefamily held almost every provincial command in the country, had begunto show themselves in 1832. The Pande elan, the leaders of which hadbeen massacred on Ran Bahadur's return to Nepal, again rose graduallyinto favour with the Maharaja, who was anxious to shake off the controlof his minister. In 1837 the Maharaja's youngest son died suddenly,and the report was spread that he had been poisoned at the instigationof Bhim Sen or some of his party. Bhiin Sen and his nephew, MatabarSingh, were seized and thrown into prison, but were released shortlyafterwards. Bhim Sen retired with honour into private life and MatabarSingh proceeded to the Punjab, where he found service under the LahoreI)arbar. Two years later the persecution of the Thapa fariiily was re-vived and the old minister was dragged from his retirement and hurried to

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prison, where, after being subjected to the most inhuman tortures, hecommitted suicide.

After the overthrow of Bhim Sen Thapa the hostility of the Nepalesetowards the British assumed a more open form, and every effort was madeto prepare for the anticipated outbreak of hostilities. So little was thehostility of the Nepalese concealed that it became necessary to stationa British corps of observation on the frontier. Intrigues had long beencarried on by the Nepal Government with States in British India; emis-saries were sent to Jodhpur, Gwalior, iyderabad, Nagpur and Lahore;and the projectedl marriage of the heir-apparent formed a pretext fordespatching numerous spies and messengers throughout Rewa and Raj-putana. Similar efforts were made in the direction of Sikkim, Bhutanand Ava; but the success which at first attended the British arms inAfghanistan caused a change in the policy of the Nepalese, and in Nov-ember 1839 an Engagement (No. VI) was obtained from the Nepal Gov-ernment promising the cessation of these intrigues.

These obligations were only nominally observed. Intrigues werecarried on as before, but more covertly. In 1840 the Nepalese forciblytook possession of several villages in the Ramnagar zamindari and onlywithdrew when hostilities were threatened. Hence it again becamenecessary to station a corps of observation on the frontier, which was notwithdrawn till 1842 and after repeated assurances of good-will on thepart of the Maharaja and his Chiefs (No. VII).

The extravagance and cruelties of the heir apparent, who was coun-tenanced and supported by the Maharaja, produced much discontent inthe country, while the intrigues of the only surviving Maharaniwho was anxious for the succession of one of her own sons, led to endlessfamily feuds. Matabar Singh was recalled from the Punjab in 1843and was made Prime Minister. In 1845 be was murdered at the instiga-tion of one Gaggan Singh, a favourite of the Maharani, who imme-diately made him her confidential adviser. In 1846 the murder of thisman and the massacre at the Kot of thirty-one of the most influentialChiefs paved the way for the rise of Jung Bahadur to the office of PrimeMinister. Finding that Jung Bahadur was not so subservient to herpurposes as she expected, the Maharani endeavoured to compass his death,but failed and was expelled with her two sons from the country, takingup her residence at Benares. She was accompanied to Benares by theMfaharaja, who returned to Nepal the following year, only to abdicate

(12ih May 1847) in favour of the heir-apparent, Surendra Bikram Sah,who assumed the title of Maharaja Dhiraj.

Jung Bahadur's visit to England in 1850 was followed by a morefriendly and less exclusive bearino, on the part of the Nepal Government.Iii 1852 negotiations were resumed for the conclusion of a treaty for the

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surrender of heinous offenders. The Treaty (No. VIII) was concludedon the 10th February 1855. In 1865 a joint commission, in which Mr.(afterwards Sir J. D.) Gordon represented British interests, travelledalong the frontier from the Mechi river to the neighbourhood of Motihariin Champaran, and their enquiries led to the adoption of measures forthe suppression of border crime, and for ensuring greater efficiency in thepolice and greater attention generally to the circumstances of thefrontier. To this end it was soon afterwards arranged that the Residentshould each year make a tour on or near the border, or in some part ofthe Tarai. Owing to the prevalence of cattle-lifting and serious theft onthe frontier, and to the frequent losses sustained by the NepaleseGovernment through embezzlements committed by their public officers,these offences were in July 1866 added by a supplementary Treaty (No.X) to those mentioned in article 4 of the trea-ty of 1855 for whichsurrender may be demanded by either Government. In June 1881 afurther supplementary Treaty (No. XII) included in the number oftreaty offences that of escaping from custody whilst undergoing punish-ment after conviction for any of the previously specified treaty offences.

Towards the latter end of 1854 a rupture occurred between theNepalese and Tibetan Governments, which, however, in no way affectedthe relations of the British Government with Nepal. After short hostili-ties and protracted negotiations a treaty* was concluded, by which the, * TREATY OF PEACE, consisting of ten Articles, between the STATES OF GURKHA and

of TIBET (BHOTE), settled and concluded by us, the Chief Sardars Bharadars, andLamas of both Governments, whose signatures and seals are attacied below. MayGod bear witness to it. We further agree that both States p,,V respect as alwaysbefore to the Emperor of China and that the two States are to treat each other likebrothers, for so long as their actions correspond with the spirit of this Treaty. MayGod not allow that State to prosper that may make war upon the other, unless theother's acts are contrary to this Treaty. in which case the State that declares warupon the other shall be exempt from all blame.

1. The Tibetan Government agrees to pay the sum of ten thousand Rupees annu-ally in cash to the Gurkha Government.

2. The States of Gurkha and of Tibet have both respected the Emperor of Chinaup to the present time. The country of Tibet is merely the shrine or place of worshipof the Lama, for which reason the Gurkha Government will in future give all thassistance that may be in its power to the Government of Tibet, if the troops of anyother "Raja " invade that country.

3. The Government of Tibet agrees to discontinue the collection of all the dutiesthat have hitherto been levied upon subjects of the Gurkha State, merchants, andothers trading with its country.

4. The Government of Tibet agrees to give up to the Gurkha Government allthe Sikh prisoners now in captivity within its territories, and all the Gurkha Sipahis,and officers, and women who were captured in the war, also all the guns that weretaken; and the Gurkha Government agrees to give up to the Government of Tibetall the Sipahis, also the ryots of Kerong, Kuti, Junga, Tagla Khar and ChewurGumba, and all the arms and Yaks (chowrie cows) belonging to that country now inits possession, and on the final completion of this Treaty it will restore Tagla Khar.Chewur Gumba, Kerong, Junga, Kuti, and Dhakling, and will withdraw all itstroops that may be on this side of the Bhairab Langar range.

5. A Bharadar on the part of the Gurkha Government (not merely a Naikia')will for the future reside at Lhasa.

Or Naik, a perseu of inferior rank,G. R.

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Tibetans bound themselves to make an annual payment of Rs. 10,000 to+Nepal and to encourage trade between the two countries. The Nepal

Government undertook that their representative at Lhasa should be of

high rank. Owing to repeated acts of oppression towards Nepalese

subjects in Lhasa, culminating in outrages on the house and some of

the servants of the Nepalese Envoy, diplomatic relations were broken off

in 1873, and were not resumed till after an anende had been made by

Tibetan commissioners especially deputed to Kathmandu for the purpose.

In 1880 there was again an uneasy feeling at Kathmandu by reason of

certain warlike preparations by the Tibetans on their common frontier.

l, 1883 a Tibetan mob made an unprovoked attack on the Nepalese

quarter of Lhasa, and plundered property to the value of about nine lakhs

of rupees. Commissioners from both sides met at Kuti near the frontier

to discuss the question of compensation, but it would seem that no settle-

ment satisfactory to both parties was effected. The Nepal Government

keep officials at Shigatse and Gyantse, in addition to their representative

at Lhasa, to administer justice and keep order among their own subjects.

6. The Gurkha Government, with the free consent of the Government of Tibet,will establish a trading factory at Lhasa, for the sale of all kinds of merchandlize,from jewellery, etc., etc., to articles of clothing and of food.

7. The Gurkha Bharadar residing at Lhasa will not interfere in the disputes ofthe subjects, merchants, traders, etc., etc., of the Government of Tibet, who mayquarrel amongst themselves, neither will the Tibetan Government interfere in anydisputes between subjects of the Gurklia Government, Kashmiris of Nepal, etc., etc.,who may be residing within the jurisdiction of Lhasa, but whenever quarrels mayoccur between Gurkha and Tibetan subjects, the authorities of the two States willsit together and will jointly adjudicate them; and all Amda'i (by this term is meantincome resulting from fines, confiscations, etc.), will, if paid by subjects of Tibet,be taken by that Government, and if paid by Gurkha subjects, Kashmiris of Nepal,etc., will be appropriated by the Gurkha Government.

8. Should any Gurkba subject commit a murder within the jurisdiction of thatGovernment and take refuge in Tibet, he shall be surrendered by that country, andif any Tibetan subject who may have committed'a murder there take refuge in theGurkha country, he shall in like manner be given up to the Government of Tibet.

9. If the property of any Gurkha subjects and merchants be plundered by anysubject of the Tibetan Government, the party who has stolen it shall be compelledby the Tibetan authorities to restore it; should he not be able to do so at once, heshall be obliged by the Tibetan Bliharadar to make some arrangement, and will beallowed a reasonable time to make it good. In like manner, if the property of anyTibetan subjects and merchants be plundered by any subject of the Gurkha Govern-ment, the party who has stolen it shall be compelled by the Gurkha authorities torestore it; should be not be able to do so at once, he shall be obliged by the GurkhaGovernment to make some arrangement, and will be allowed a reasonable time tomake it good.

10. All subjects of Tibet who may have joined the Gurkha cause during the war,s4nd all subjects of the Gurkha Government who may have taken part with theTibetan Government, shall, after the completion of this Treaty, be respected bothin person and in proprty, and shall not be injured by either Government.

Dated Sambat (1912) Chaitra Badi 3rd (2md day) Sombar.Corresponding with the 24th of March 1856.N.B.-An agreement, dated the 7th year of the reign of Shen-tIong the 10th

day of the 6th month of the Fire Serpent Year (1857), was also made at Rasna onthe Kirong frontier between the Representatives of the Gurkha and Tibetan Govern-ments regarding the settlement of the boundary question and the removal of theG arkha Customs House traders

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With- the exception of a few months in 1856, and notwithstandingvarious conspiracies against him, the most dangerous of which was thatorganised by his own brothers, Bain Bahadur and Badri Nar Singh in1851, Jung Bahadur continued Prime Minister of the State till hisdeath in 1877. In token of his services to his country he received thetitle of Maharaja from his sovereign, and was invested with the hereditarysovereignty of two districts, namely, lainjung and Kaski. Moreover heeffected the marriage of a son and two daughters into the ruling family ofNepal. During the mutiny of 1857 and the subsequent campaigns herendered assistance to the British in the reoccupation of Gorakhpur, therecapture of Lucknow, and the subsequent capture of the rebels who in-fested the Tarai: and, in consequence, the whole of the lowlands lyingbetween the river Kali and the district of Gorakhpur, which had beenceded to the British Government in 1815, were restored to Nepal undera Treaty (No. IX) concluded on the 1st November 1860. The boundaryof this tract was laid down at the time of its restoration to Nepal(see article 3 of the Treaty of 1860). The international frontier on theside of eastern Oudh remained undefined until January 1875, when it wassettled under an Agreement (No. XI) by joint commissioners appointedfor the purpose.

In 1875 Jung Bahadur proposed to pay a second visit to Europe, butfound it necessary to abandon his intention on the eve of his departure.In 1876 the Prince of Wales visited him in the Nepalese Tarai for sport.On the 25th February 1877 Jung Bahadur died, at the age of aboutsixty, at Pattharghatta on. the Ba-ghmati river. Notwithstanding JungBahadur's own efforts of late years to discountenance the barbarous rite,three of his widows became sati. His next surviving brother, RanudipSingh, was endowed by the Maharaja Dhiraj with the titles and honoursheld by the late Jung Bahadur, and was appointed Prime Minister ofNepal.

Jung Bahadur had arranged that the provinces bestowed upon himshould- pals to his heirs in hereditary succession, while the office ofminister should go to his eldest surviving brother, and thereafter frombrother to brother till the death of the last, when it should revert to hisown eldest son, Jagat Jung. The appropriation by Ranudip Singh ofthese provinces was one of the main causes of the dissensions thatfollowed.

Trilokya Bir Bikram Sah, heir-apparent of Nepal and son-in-law ofJung Bahadur, died suddenly on the 30th March 1.878. His death wasfollowed on the 17th May 1881 by that of his father, the Maharaja DhirajSurendra Bikram Sah; and on the 13th July 1881 by that of the ex-Maharaja Rajendra Bikram Sah, who had abdicated thirty-four yearspreviously. Surendra Bikram Sah was succeeded by his grandson.

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Prithvi Bir Bikraiu Sah, a child aged six, who was enthroned on the IstDecember 1881.

A conspiracy against the Prime Minister (Ranudip Singh) and theCommander-in-Chief (Dhir Shumshere) was detected in January 1882.Jagat Jung was suspected of complicity, and a sentence of exile was pass-ed against him. For some months there was an unquiet feeling at thecapital; but in time anxiety subsided and apparent tranquillity was sofar restored that Jagat Jung was permitted to return to Nepal in thespring of 1885. Thereafter there were signs of a rapprochement betweenJagat Jung and Ranudip Singh. This was regarded as inimical to theirinterests by the sons of Jung Bahadur's youngest brother, Dhir Shum-shere, who had died in 1884; and on the night of the 22nd November1885 they rose against Ranudip Singh and, having put him to death,seized all power in the State in the name of the sovereign. Jagat Jungand his eldest son were also ixilled at the same time. Bir Shumshere,the eldest son of Dhir Shumshere, assumed the post of Prime Ministertogether with the titles and estates enjoyed by Ranudip Singh.

A daughter (the Jetha Maha.rani) and two sons (Padam Jung andRanbir Jung) of Jung Bahadur, as well as other Sardars (notably KedarNar Singh, adopted son of Panudip Singh) took refuge in the BritishResidency and were eventually sent, through the influence of the Govern-ment of India, with their families and much property, to India.

The Maharaja Dhiraj announced in a kharita, dated the 23rd Novem-ber 1885, the succession of Bir Shumsbere as Prime Minister of Nepal.The Government of India decided to recognise the de jacto administra-tion which had been established, and this was intimated to the MaharajaDhiraj on the 30th January 1886 in a kharita which, while absolving himfrom personal responsibility or concern in the matter, pointed out thatthe act by which the lives of Ranudip Singh and Jagat Jung werebrought to an end seemed very difficult to justify.

In March 1892 Lord Roberts, Conimander-in-Chief in India, visitedNepal at the invitation of the Nepal Government and was well received atKathmandu. In the cold weather of 1892-93 Bir Shumshere visitedIndia in the capacity of Ambassador of the Maharaja Dhiraj and madean extended tour throughout the country: and in February 1899 he pro-ceeded to Calcutta in the same capacity, on a complimentary visit toLord Curzon, the newly appointed Viceroy.

Bir Shumshere died on the 5th March 1901, and was succeeded asPrime Minister by his brother, Del Shumshere. Within a very fewmonths, however, Deb Shumshere was deposed and on the 26th June 1901his younger brother the Conmmander-in-Chief, General ChandraSiunlshere Jung, Rana Bahadur, -wvas appointed Prime M[illster andMarshal. Del) Shumshere was removed to Dhankuta. From there he

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went to Ilam, near the Darjeeling frontier, whence he escaped to British

India, where he resided in exile near Mussoorie till his death.

In 1903 Chandra Shumshere Jung represented the Maharaja 1)hiraj

at the Delhi Darbar: and, in 1904, he paid a special visit to Lord Curzon

at Calcutta. In the latter year a Chinese Mission came to Nepal and

conferred on him the title of " Thong-Lin-Pim-Ma-Ko-Kang-Waang-Sian."

In 1904 the Nepal Government received the thanks of the Governmentof India for their assistance and for their correct and friendly attitude onthe occasion of the British Mission to Tibet. In the same year the NepalGovernment exempted during peace time all Gurkha officers of the IndianArmy, when on furlough or after retirement in Nepal, from the forms offorced labour known as begar and jhara.

In 1906 preparations were made to entertain His Majesty KingGeorge V, then Prince of Wales, at a shoot in the Nepal Tarai, but anoutbreak of cholera caused the abandonment of the visit. In November1906 Lord Kitchener, the Commander-in-Chief in India, visited Kath-mandu.

In 1907, Chandra Shumshere Jung paid a special visit to Lord Mintoat Calcutta: and in 1908 he visited England and was received by theKing-Emperor.

The Maharaja Dhiraj Prithvi Bir Bikram Sa-h died on the 11th De-cember 1911 and was succeeded by his son the present Sovereign, HisMajesty the Maharaja Dhiraj Tribhubana Bir Bikram Jung BahadurShah Bahadur Shumshere Jung. Later in the same month His MajestyKing George V visited the Nepal Tarai on a shooting expedition after re-ceipt of a formal request from the Royal family, the Prime Minister andthe Government of Nepal that the visit should take place in spite of therecent death of the Maharaja Dhiraj.

A day before the outbreak of the Great War, the Government of Nepaloffered the entire military resources of Nepal in the event of Great Bri-tain being involved. The loan of 10,000 troops was accepted, and thefirst contingent, after preliminary training in Nepal, left Kathmanduon March 3rd and 4th 1915 under the command of General Baber Shum-shere Jung, the Prime Minister's second son, and General Padma Shum-shere Jung, son of the Commander-in-Chief. Other contingents follow-ed. All received their full Nepalese pay from the Nepal Governmentduring their absence from their country and were kept up to strength byperiodical drafts. Considerable assistance was also given -in money andmaterial and 55,000 recruits were furnished for the Gurkha battalions ofthe Indian Army, whose number was raised from 20 to 33 and maintainedat full strength throughout the War. In January 1917 MaharajaChandra Shumshere Jung paid a private visit to Lord Chelmsford at

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Bankipur. In June 1919, when war broke out with Afghanistan, theNepal Government sent a contingent of 2,000 men to India under theCommand of Generals Baber and Padma Shumshere Jung. Later in thesame year the Government of India offered the Government of Nepal anannual present of 10 lakhs of rupees so long as relations between the twoGovernments remained friendly, in appreciation of the unswerving de-votion and friendship expressed during the (Treat War and as a recogni-tion of the services of the Nepalese troops in India and on the North-Western Frontier. This offer was accepted.

In 1920 the designation of the British representative in Nepal waschanged from " Resident " to " British Envoy at the Court of Nepal ",and the Residency became the British Legation. In the same year theGovernment of Nepal passed measures providing for the emancipation ofslaves in certain circumstances.

In the early part of 1921 Maharaja Chandra Shumshere Jung visitedIndia and was received by His Royal Highness the Duke of Connaughtat Calcutta. On the invitation of the Nepal Government His RoyalHighness the Prince of Wales visited the Nepal Tarai in December 1921.

In June 1923, with the consent of the Government of India, that partof the engagement of the 6th November 1839 (No. VI) by which theGovernment of Nepal undertook to have no intercourse with the depen-dent allies of the East India Compa'ny beyond the Ganges, was cancelled.

In September 1923 the Government of India officially recognised thepraciice of the Government of Nepal in employing Indian British sub-jects without previous reference. This practice had been carried on formany years, though it was at variance with the 7th Article of the treatyof the 2nd December 1815 (No. III) by which the Nepal Government hadbound themselves not to take into their service any British subject, or anysubject of any European or American State, without the consent of theBritish Government.

On the 21st December 1923 a fresh Treaty (No. XIII) was concludedbetween the British Government and the Government of Nepal with aview to strengthen the friendship which had subsisted since 1815. Allexisting treaties subsequent to and including the Treaty of Segauli of1815 (No. III) were confirmed and the internal and external indepen-dence of both Governments were reasserted. The Treaty was ratified bythe King Emperor on the 10th May 1924 and by the Maharaja Dhiraj ofNepal on the 8th April 1925 on which date ratified copies were exchanged.

A topographical survey of Nepal was begun in 1924 and completed in1927.

In the same year Maharaja Chandra Shumshere Jung announced tothe Council of Bharadars a comprehensive scheme of emanicipation ofslaves, by state purchase, in pursuance of the measures passed in 1920.

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This scheme was completed by the suminer of 1926 at a cost equivalentto about 43 lakhs of British rupees. Approximately 60,000 slaves re-ceived their freedom.

In 1926 Maharaja Chandra Shumshere Jung received from the Maha-raja Dhiraj the titles of Supreme Commander-in-Chief and IProjjwalNepal Taradhish or Grand Master of the Refulgent Star of Nepal, aAOrder which had been instituted by the Maharaja Dhiraj in 1920.

In March 1926 Messrs. Martin & Co. of Calcutta began the work ofconstructing the first railway into Nepal. The line, a metre gauge, rinsfrom Raxaul on the Bengal and North-Western Railway as far -is Bicha-koh or Amlekhgunj, a distance of 25 miles, and is under State control.It was opened in February 1927 by His Majesty the Maharaja Dhiraj.

In 1927 Maharaja Chandra Shunmshere Jung paid a special visit toCalcutta to meet Lord Irwin, who, however, fell ill, and the meeting didnot take place.

The population of Nepal, according to a census taken in 1921, consistedof 2,854,727 males and 2,784,365 females. Of the total of 5,639,092persons 289,861 lived in the Nepal valley, 3,315,992 in the hills and2,033,239 in the Tarai and plain country.

The census of India, 1921, showed a total of 273,932 persons born inNepal but resident in India, a diminution of 6,316 since the census of1911.

The Nepalese Army consisted in 1926 of 123 cavalry, 33,069 infantry,200 armed Police, 3,100 artillery, 42 guns, 28 machine guns and 80 Lewisguns in addition to transport.

Nepal is not a member of the League of Nations.

NEPAL-NO. 1-1792.

No. I.

TREATY of COMMERCE with NEPAUL,-lst March 1792.

Treaty authenticated under the seal of Maha Rajah Run Behauder ShahBehauder Shemshere Jung; being according to the Treaty transmitted by Mr.Jonathan Duncan, the Resident at Benares, on the part of Right HonourableCharles, Earl Cornwallis, K.G., Governor-General in Council, and empoweredby the said authority to conclude a Treaty of Commerce with the said Maha Rajah,and to settle and fix the duties payable by the subjects of the respective States ofthe Honourable English Company and those of Nepaul, the said gentleman charginghimself with whatever relates to the duties thus to be payable by the subjects ofthe Nepaul Government to that of the Company; in like manner as bath theaforesaid Maha Rajah, with whatever regards the duties thus to be payable bythe subjects of the Company's Government to that of Nepaul ; and the said Treatyhaving been delivered to me (the said Maha Rajah) by Mowlavy Abdul KadirKhan, the aforesaid gentleman's vakeel, or agent ; this counterpart thereof havingbeen written by the Nepaul Government, hath been committed to the said Khan,as hereunder detailed :-

ARTICLE 1.

Inasmuch as an attention to the general welfare, and to the ease and satisfac-tion of the merchants and traders, tends equally to the reputation of the adminis-trators of both Governments of the Company and of Nepaul ; it is therefore agreedand stipulated, that 21 per cent. shall reciprocally be taken, as duty, on theimports from both countries; such duties to be levied on the amount of theinvoices of the goods which the merchants shall have along with them ; and to deterthe said traders from exhibiting false invoices, the seal of the customs houses ofboth countries shall be impressed on the back of the said invoices, and copy thereofbeing kept, the original shall be restored to the merchants ; and in cases wherethe merchant shall not have along with him his original invoice, the custom house

officers shall, in such instance, lay down the duty of 2.- per cent. on a valuationaccording to the market price.

ARTICLE 2.

The opposite stations hereunder specified, within the frontiers of each country,are fixed for the duties to be levied, at which place the traders are to pay the same ;and after having once paid duties and receiving a rowannah thereon, no other orfurther duty shall be payable throughout each country or dominion respectively.

ARTICLE 3.

Whoever among the officers on either side shall exceed in his demands for, orexaction of duty, the rate here specified, shall be exemplarily punished by thegovernment to which he belongs, so as effectually to deter others from like offences.

NEPAL-NOS. 1-1792 AND H1-1801.

ARTICLE 4.

In the case of theft or robberies happening on the goods of the merchants, theFoujedar, or officer of the place, shall advising his superiors or Government thereofspeedily cause the zamindars and proprietors of the spot to make good the value,which is in all cases, without fail, to be so made good to the merchants.

ARTICLE 5.

In cases where in either country any oppression or violence be committed onany merchant, the officers of country wherein this may happen shall, withoutdelay, hear and inquire into the complaints of the persons thus aggrieved, anddoing them justice, bring the offenders to punishment.

ARTICLE 6.

When the merchants of either country, having paid the established duty, shallhave transported their goods into the doininions of one or the other State if suchgoods be sold within such State, it is well ; but if such goods not meeting with sale,and that the said merchants be desirous to transport their said goods to any othercountry beyond the limits of either of the respective States included in the Treaty,the subjects and officers of these latter shall not take thereon any other or furtherduty than the fixed one levied at the first entry; and are not to exact double duties,but are to allow such goods to depart in all safety without opposition.

ARTICLE 7.

This Treaty shall be of full force and validity in respect to the present andfuture rulers of both Governments, and, being considered on both sides as a Com-mercial Treaty and a basis of concord between the two States, is to be, at all times,observed and acted upon in times to come, for the public advantage and theincrease of friendship.

On the 5th of Rejeb, 1206 of the Hegira, and 1199 of the Fussellee style, agree-ing with the 1st of March 1792 of the Christian, and with the 22nd of Phagun1848 of the Sunbut 2ra, two Treaties, to one tenor, were written for both the con-tracting parties, who have mutually engaged that from the 3rd Bysack 1849 ofthe Sunbut Era, the officers of both States shall, in pursuance of the strictestorders of both Governments, immediately carry into effect and observe the stipula-tions aforesaid, and not wait for any further or new direction.

No. II.

TREATY with the RAJA of NEPAUL,-1801.

Whereas it is evident as the noonday sun to enlightened understanding of exaltednobles and of powerful Chiefs and Rulers, that Almighty God has entrusted theprotection and government of the universe to the authority of Princes, who makejustice their principle, and that by the establishment of a friendly connection

NEPAL-NO. 11-1801.

between them universal happiness and prosperity is secured, and that the moreintimate the relation of amity and union the greater is the general tranquillityin consideration of these circumstances, His Excellency the Most Noble the

Governor-General Marquis Wellesley, etc., etc., and the Maharaja have established

a system of friendship between the respective Governments of the Company andthe Raja of Nepaul, and have agreed to the following Articles

ARTICLE 1.

It is necessary and incumbent upon the principals and officers of the two Gov-

ernments constantly to exert themselves to improve the friendship subsisting

between the two States, and to be zealously and sincerely desirous of the prosperityand success of the Government and subjects of both.

ARTICLE 2.

The incendiary and turbulent representations of the disaffected, who are the

disturbers of our mutual friendship, shall not be attended to without investigationand proof.

ARTICLE 3.

The principals and officers of both Governments will cordially consider thefriends and enemies of either State to be the friends and enemies of the other;

and this consideration must ever remain permanent and in force from generationto generation.

ARTICLE 4.

If any one of the neighbouring powers of either State should commence any

altercation or dispute, and design, without provocation, unjustly to possess himselfof the territories of either country, and should entertain hostile intentions with theview of taking that country, the vakeels on the part of our respective Governmentsat either Court will fully report all particulars to the head of the State, who, accord-

ing to the obligations of friendship subsisting between the two States, after havingheard the said particulars, will give whatever answer and advice may be proper.

ARTICLE 5.

Whenever any dispute of boundary and territory between the two countries

may arise, such dispute shall be decided, through our respective vakeels or our

officers, according to the principles of justice and right; and a landmark shall beplaced upon the said boundary, and which shall constantly remain, that the officers

both now and hereafter may consider it as a guide, and not make any encroach-ment.

ARTICLE 6.

Such places as are upon the Frontiers of the dominions of the Nabob Vizier

and of Nepaul, and respecting which any dispute may arise, such dispute shall be

NEPAL-NO. 1-1801.

,settled by the mediation of the vakeel on the part of the Company, in'the presence.of one from the Zepaul Government, and one from His Excellency the Vizier.

ARTicLE 7.

So many elephants, on account of Muckanacinpoor, are annually sent to theCompany by the Raja of Nepaul, and therefore the Governor-General with a viewof promoting the satisfaction of the Raja of Nepaul, and in consideration of theimproved friendly connection, and of this new Treaty, relinquishes and foregoesthe tribute above-mentioned, and directs that the officers of the Company, bothnow and hereafter, from generation to generation, shall never, during the continu-ance of the engagement contracted by this Treaty (so long as the conditions ofthis -treaty shall be in force), exact the elephants from the Raja.

ARTICLE 8.

If any of the dependents or inhabitants of either country should fly and takerefuge in the other, and a requisition should be made for such persons on the partof the Nepaul Government by its constituted vakeel in attendance on the Governor-General, or on the part of the Company's Government by its representative resid-ing at Nepaul, it is in this case mutually agreed that if such person should havefled after transgressing the laws of his Government, it is incumbent upon theprincipals of both Governments immediately to deliver him up to the vakeel attheir respective courts, that he may be sent in perfect security to the frontier oftheir respective territories.

ARTICLE 9.

The Maha Raja of Nepaul agrees, that a pergunnah, with all the lands attachedto it, excepting privileged lands and those appropriated to religious purposes, andto jaghires, etc., which are specified separately in the account of collections, shall begiven up to Samee Jeo for his expenses, as a present. The conditions with respectto Samee Jeo are, that if he should remain at Benares, or at any other place withinthe Company's provinces, and should spontaneously farm his jaghire to the officersof Nepaul, in that event the amount of collections shall be punctually paid to him,agreeably to certain kists which may be hereafter settled; that he may appropriatethe same to his necessary expenses, and that he may continue in religious abstrac-tion, according to his agreement, which he had engraved on brass, at the time ofhis abdication of the Roy, and of his resigning it in my favour. Again, in theevent of his establishing his residence in his jaghire, and of his realizing the collec-tions through his own officers, it is proper that he should not keep such a one andother disaffected persons in his service, and besides one hundred men and maidservants, etc., he must not entertain any persons as soldiers, with a view to thecollection of the revenue of the pergunnah; and to the protection of his personhe may take two hundred soldiers of the forces of the Nepaul Government, theallowances of whom shall be paid by the Raja of Nepaul. He must be cautious,

NEPAL-NO. 11-1801.

also of commencing altercation, either by speech or writing ; neither must he giveprotection to the rebellious and fugitives of the Nepaul country, nor must hecommit plunder and devastation upon the subjects of Nepaul. In the event of

such delinquency being proved to the satisfaction of the two Governments, the aidand protection of the Company shall be withdrawn from him ; and in that event,

also, it shall be at the option of the Raja of Nepaul whether or not he will confiscatehis jaghire.

The Maha Raja also agrees, on his part, that if Samee Jeo should take up his

residence within the Company's provinces, and should farm out his land to theofficers of Nepaul, and that the kists should not be paid according to agreement,or that he should fix his residence on his jaghire, and any of the inhabitants ofNepaul should give him or the ryots of his pergunnah any molestation, a requisi-tion shall be made by the Governor-General of the Company, on this subject, tothe Raja. The Governor-General is security for the Raja's performance of this

condition, and the Maha Raja will immediately acquit himself of the requisitionof the Governor-General, agreeably to what is above written. If any profitsshould arise in the collection of the said pergunnah, in consequence of the activity ofthe officers, or any defalcation occurs from their inattention, in either case theRaja of Nepaul will be totally unconcerned.

ARTICLE 10.

With the view of carrying into effect the different objects contained in this

Treaty, and of promoting other verbal negotiation, the Governor-General and theRaja of Nepaul, under the impulse of their will and pleasure, depute a confidentialperson to each other as vakeel, that remaining in attendance upon their respective

Governments, they may effect the objects above specified, and promote whatevermay tend to the daily improvement of the friendship subsisting between the twoStates.

ARTICLE 11.

It is incumbent upon the principals and officers of the two States that they

should manifest the regard and respect to the vakeel of each other's Government,which is due to their rank, and is prescribed by the laws of nations ; and that they3hould endeavour, to the utmost of their power, to advance any object which they

may propose, and to promote their ease, comfort, and satisfaction, by extendingprotection to them, which circumstances are calculated to improve the friendship

subsisting between the two Governments, and to illustrate the good name of bothStates throughout the universe.

ARTICLE 12.

It is incumbent upon the vakeels of both States that they should hold no inter-

course whatever with any of the subjects or inhabitants of the country, exceptingwith the officers of Government, without the permission of those officers; neither

should they carry on any correspondence with any of them; and if they should

NEPAL-NO. I-1801.

receive any letter or writing from any such people, they should not answer it,without the knowledge of the head of the State, and acquainting him of the parti-culars, which will dispel all apprehension or doubt between us, and manifest thesincerity of our friendship.

ARTICLE 13.

It is incumbent upon the principals and officers mutually to abide by the spiritof this Treaty, which is now drawn out according to their faith and religion, anddeeming it in force from generation to generation that they should not deviatefrom it ; and any person who may transgress against it will be punished by AlmightyGod, both in this world and in a future state.

Ratified by the Governor-General and Council, 30th October 1801, and by theNepaul Darbar on the 28th October 1802.

SEPARATE ARTICLE of a TREATY with the RAJAH of NEPAUL concluded at DINAPORE,

-OctoQber 26th, 1801.

The Engagement contracted by Maha Rajah, etc., etc., with His Excellencythe Most Noble the Governor-General, etc., etc., respecting the settlement of aprovision for the maintenance of Purncahir Goonanund Swammee Jee, theillustrious father of the said Maha Rajah, is to the following effect :-

That an annual income, amounting to Patna Sicca Rupees eighty-two thousand,of which seventy-two thousand shall be paid in cash and ten thousand in elephants,half male and half female, to be valued at the rate of one hundred and twenty-five rupees per cubit, shall be settled on the -aid Swammee Jee, commencing fromthe month of Aughun 1858, as an humble offering to assist in the maintenance ofhis household; and for the purpose of supplying the said income, that the Pur-gunnah of Beejapoor, with all the lands thereunto attached (excepting rent-freelands, religious or charitable endowments, jaghires, and such like as specifiedseparately in the account of collections) be settled on the said Swammee Jee, underthe following conditions : That, in the event of his residing at Benares or otherplace within the territories of the Honorable Company, and of his voluntarily com-mitting the collections of the said jaghire to the servants of the Nepaul Govern-ment, in such case seventy-two thousand rupees in cash, and elephants to the valueof ten thousand rupees, shall be punctually remitted year after year, by establishedkists, to the said Swammee Jee, without fail or delay, so that, appropriating thesame to his necessary expenses, he may devote himself to the worship of theSupreme Being in conformity to his own declaration, engraved on copper at thetime of his abdicating the Raje and of his bestowing it on the said Maha Rajah ;and further, in the event of his establishing his residence upon his jaghire and ofhis realizing the collections through his own officers, it is requisite that he shouldnot keep in his service fomenters of sedition and disturbance, that he shall retainno ii, ore than one hundred male and female attendants, and that he shall not retainabout his person soldiers of any description. That for the purpose of collecting

NEPALj--NOS. 11-1801 AND 111-1815.

the revenues of the aforesaid pergunnahs and for his personal protection, he mayhave from the Rajah of Nepaul as far as two hundred men of the troops of thatcountry, and the allowance of such men shall be defrayed by the Maha Rajahhimself. He must not attempt, either by speech or writing, to excite commotionnor harbour about his person rebels and fugitives from the territories of Nepaul,neither must he commit any depredations upon the subjects of that country.And in the event of such delinquency being established to the satisfaction of bothparties, that the aid and protection of the Honorable Company shall be withdrawnfrom the said Swammee Jee, in which case it 'shall be at the option of the MahaRajah to confiscate his jaghire. It is also agreed by the Maha Rajah that, providedSwammee Jee should fix his residence within the Honorable Company's territories,and should commit the collections of his jaghire to the officers of the Nepaul Govern-ment, in that case, should the kists not be paid according to the conditions abovespecified, or in the event of his residing upon his jaghire, provided any of the subjectsof Nepaul give him or ryots of his pergunnah any molestation, in either case theGovernor-General and the Honorable Company have a right to demand reparationfrom the Rajah of Nepaul. The Governor-General is guarantee that the Rajah ofNepaul performs this condition, and the Maha Rajah, on the requisition of theGovernor-General, will instantly fulfil his engagements as above specified. Inany augmentation of the collections from the judicious management of the officersof Swammee Jee, or in any diminution from a contrary cause, the Maha Rajahis to be equally unconcerned, the Maha Rajah engaging that, on delivering overthe Pergunnah of Beejapoor to the officers of Swammee Jee, the amount of theannual revenue shall be Patna Sicca Rupees 72,000 ; that should it be less he willmake good the deficiency, and in case of excess, that Swammee Jee be entitledthereto.

Ratified by the Governor-General and Council on the 30th October 1801, andby the Nepaul Durbar on the 28th October 1802.

No. III.

TREATY OF PEACE between the HONOURABLE EAST INDIA COMPANY and MAHA

RAJAH BIKRAM SAH, Rajah of Nipal, settled between LIEUTENANT-COLONEL

BRADSHAW on the part of the HONOURABLE COMPANY, in virtue of the fullpowers vested in him by His EXCELLENCY the RIGHT HONOURABLE FRA.NCIS,

EARL of MOIRA, KNIGHT of the MOST NOBLE ORDER of the GARTER, one of

His MAJESTY'S MOST HONOURABLE PRIVY COUNCIL, appointed by the Courtof Directors of the said Honourable Company to direct and control all theaffairs in the East Indies, and by SREE GoOROo GUJRAJ MISSER and CLUNDER

SEEKUR OPEDEEA on the part of MAHA RAJAH GIRMAUN JODE BIKRAM SAH

BAHAUDER, SHUMSHEER JUNG. in virtue of the powers to that effect vested inthem by the said Rajah of Nipal,-2nd December 1815.

Whereas war has arisen between the Honourable East India Company and theRajah of Nipal, and whereas the parties are mutually disposed to restore the rela-

NEPAL-NO. 111-1815.

tions of peace and amity which, previously to the occurrence of the late differences,had long subsisted between the two States, the following terms of peace have beenagreed upon :-

ARTICLE 1ST.

There shall be perpetual peace and friendship between the Honourable EastIndia Company and the Rajah of Nipal.

ARTICLE 2ND.

The Rajah of Nipal renounces all claim to the lands which were the subject ofdiscussion between the two States before the war; and acknowledges the rightof the Honourable Company to the sovereignty of those lands.

ARTICLE 3RD.

The Rajah of Nipal hereby cedes to the Honourable the East India Companyin perpetuity all the undermentioned territories, viz.-

First.-The whole of the low lands between the Rivers Kali and Rapti.Secondly.-The whole of the low lands (with the exception of Bootwul Khass)

lying between the Rapti and the GunducThirdly.-The whole of the low lands between the Gunduck and Coosah, in

which the authority of the British Government has been introduced,or is in actual course of introduction.

Fourthly.-All the low lands between the Rivers Mitchee and the Teestah.

Fifthly.-All the territories within the hills eastward of the River Mitcheeincluding the fort and lands of Nagree and the Pass of Nagarcoteleading from Morung into the hills, together with the territory lyingbetween that Pass and Nagree. The aforesaid territory shall beevacuated by the Gurkha troops within forty days from this date.

ARTICLE 4TH.

With a view to indemnify the Chiefs and Barahdars of the State of Nipal,whose interests will suffer by the alienation of the lands ceded by the foregoingArticle, the British Government agrees to settle pensions to the aggregate amountof two lakhs of rupees per annum on such Chiefs as may be selected by the Rajahof Nipal, and in the proportions which the Rajah may fix. As soon as the selec-tion is made, Sunnuds shall be granted under the seal and signature of the Governor-General for the pensions respectively.

ARTICLE 5TH.

The Rajah of Nipal renounces for himself, his heirs, and successors, all claimto or connexion with the countries lying to the west of the River Kali, and engagesnever to have any concern with those countries or the inhabitants thereof.

NEPAL-NO. III-1815.

ARTICLE 6TH.

The Rajah of Nipal engages never to molest or disturb the Rajah of Sikkim inthe possession of his territories ; but agrees, if any differences shall arise betweenthe State of Nipal and the Rajah of Sikkim, or the subjects of either, that sucdifferences shall be referred to the arbitration of the British Government, by whoseaward the Rajah of Nipal engages to abide.

ARTICLE 7TH.

The Rajah of Nipal hereby engages never to take or retain in his service anyBritish subject, nor the subject of any European and American State, withoutthe consent of the British Government.

ARTICLE 8TH.

In order to secure and improve the relations of amity and peace hereby estab-lished between the two States, it is agreed that accredited Ministers from eachsball reside at the Court of the other.

ARTICLE 9TH.

This treaty, consisting of nine Articles, shall be ratified by the Rajah of Nipalwithin fifteen days from this date, and the ratification shall be delivered to Lieut.-Colonel Bradshaw, who engages to obtain and deliver to the Rajah the ratificationof the 'lovernor-Geueral within twenty days, or sooner, if practicable.

Done at Segowlee, on the 2nd day of December 1815.

PARIS BRADSHAW, Lt.-Col., P.A.

Received this treaty from Chunder Seekur Opedeea, Agent on the part of theRajah of Nipal, in the valley of Muckwaunpoor, at half-past two o'clock p.m.,on the 4th of March 1816, and delivered to him the Counterpart Treaty on behalfof the British Government.

DD. OCHTERLONY,

Agent, Governor-General.

NEPAL-NO. IV-1816.

No. IV.

MEMORANDUM for the approval and acceptance of the RAJAH of NIPAL, presented

on the 8th December 1816.

Adverting to the amity and confidence subsisting with the Rajah of Nipal,the British Government proposes to suppress, as much as is possible, the execu-tion of certain Articles in the Treaty of Segowlee, which bear hard upon the Rajahs'as follows :-

2. With a view to gratify the Rajah in a point which he has much at heart, theBritish Government is willing to restore the Terai ceded to it by the Rajah in theTreaty, to wit, the whole Terai lands lying between the Rivers Coosah and Gunduck,such as appertained to the Rajah before the late disagreement; excepting thedisputed lands in the Zillahs of Tirhoot and Sarun, and excepting such portionsof territory as may occur on both sides for the purpose of settling a frontier, uponinvestigation by the respective Commissioners; and excepting such lands as mayhave been given in possession to any one by the British Government upon ascertain-ment of his rights subsequent to the cession of Terai to that Government. Incase the Rajah is desirous of retaining the lands of such ascertained proprietors,they may be exchanged for others, and let it be clearly understood that, not-withstanding the considerable extent of the lands in the Zillah of Tirhoot,which have for a long time been a subject of dispute, the settlement made in theyear 1812 of Christ, corresponding with the year 1869 of Bikramajeet, shall betaken, and everything else relinquished, that is to say, that the settlement andnegotiations, such as occurred at that period, shall in the present case hold goodand be established.

3. The British Government is willing likewise to restore the Terai lying betweenthe Rivers Gunduk and Rapti, that is to say, from the River Gunduk to the westernlimits of the Zillah of Goruckpore, together with Bootwul and Sheeraj, such asappertained to Nipal previous to the disagreements, complete, with the exceptionof the disputed places in the Terai, and such quantity of ground as may be consideredmutually to be requisite for the new boundary.

4. As it is impossible to establish desirable limits between the two Stateswithout survey, it will be expedient that Commissioners be appointed on both.sides for the purpose of arranging in concert a well defined boundary on the basisof the preceding terms, and of establishing a straight line of frontier, with a viewto the distinct separation of the respective territories of the British Governmentto the south and of Nipal to the north ; and in case any indentations occur todestroy the even tenor of the line, the Commissioners should effect an exchange oflands so interfering on principles of clear reciprocity.

5. And should it occur that the proprietors of lands situated on the mutualfrontier, as it may be rectified, whether holding of the British Government or ofthe Rajah of Nipal, should be placed in the condition of subjects to both Govern-ments, with a view to prevent continual dispute and discussion between the twoGovernments, the respective Commissioners should effect in mutual Qoucurrenc*

NEPAL-NO. IV-1816.

and co-operation the exchange of such lands, so as to render them subject to onedominion alone.

6. Whensoever the Terai should be restored, the Rajah of Nipal will cease torequire the sum of two lakhs of Rupees per annum, which the British Governmentagreed to advance for the maintenance of certain Barahdars of his Government.

7. Moreover, the Rajah of Nipal agrees to refrain from prosecuting any inhabi-tants of the Terai, after its revertance to his rule, on account of having favouredthe cause of the British Government during the war, and should any of thosepersons, excepting the cultivators of the soil, be desirous of quitting their estates,and of retiring within the Company's territories, he shall not be liable to hindrance.

8. In the event of the Rajah's approving the foregoing terms, the proposedarrangement for the survey and establishment of boundary marks shall be carriedinto execution, and after the determination in concert, of the boundary line, Sun-nuds conformable to the foregoing stipulations, drawn out and sealed by the twoStates, shall be delivered and accepted on both sides.

EDWARD GARDNER,

Resident.

SUBSTANCE of a LETTER under the Seal of the RAJA of NIPAL, received on the

11th December 1816.

After compliments;

I have comprehended the document under date the 8th of December 1816,or 4th of Poos 1873 Sumbut, which you transmitted relative to the restoration,with a view to my friendship and satisfaction, of the Terai between the RiversCoosa and Rapti to the southern boundary complete, such as appertained to myestate previous to the war. It mentioned that in the event of my accepting theterms contained in that document, the southern boundary of the Terai should beestablished as it was held by this Government. I have accordingly agreed to theterms laid down by you, and herewith enclose an instrument of agreement, whichmay be satisfactory to you. Moreover, it was written in the document transmittedby you, that it should be restored, with the exception of the disputed lands andsuch portion of land as should, in the opinion of the Commissioners on both sides,occur for the purpose of settling a boundary ; and excepting the lands which, afterthe cessions of the Terai to the Honorable Company, may have been transferred byit to the ascertained proprietors. My friend, all these matters rest with you, andsince it was also written that a view was had to my friendship and satisfactionwith respect to certain Articles of the Treaty of Segowlee, which bore hard uponme, and which could be remitted, I am well assured that you have at heart the

removal of whatever may tend to my distress, and that you will act in a mannercorresponding to the advantage of this State and the increase of the friendly rela-tions subsisting between the two Governments.

NElPAI,-NOS. IV-1816 AND V-1837.

Moreover I have to acknowledge the receipt of the orders under the red seal ofthis State, addressed to the officers of Terai between the Rivers Gunduk and Rapti,for the surrender of that Terai, and their retiring from thence, which was given toyou at Thankote, according to your request, and which you have now returnedfor my satisfaction.

SUBSTANCE of a DOCUMENT under the Red Seal, received from the DURBAR, on the

11th December 1816.

With a regard to friendship and amity, the Government of Nipal agrees to thetenor of the document under date the 8th of December 1816 or 4th Poos 1873Sumbut which was received by the Durbar from the Honourable Edward Gardneron the part of the Honourable Company, respecting the revertance of the Teraibetween the Rivers Coosa and Rapti to the former southern boundary, such asappertained to Nipal previous to the war, with exception of the disputed lands.

Dated the 7th of Poos 1873 Sumbut.

No. V.

PAPER received from the DURBAR regarding the surrender of THUGS, on the 20th

January 1837.

The following is the arrangement proposed in thuggee surrenders, and is trans-lated verbatim et literatim.

When a thug approver or approvers make an allegation of murder by meansof poison, or strangling, against an individual said to be residing in Nipal, andwhen the charge is accompanied by a description of the accused person, an enumera-tion of his family, brothers or other relations, and the name of his village given, orhis habitation otherwise described, and when on investigation by the local officersof Nipal into the above, it appears that the accused has not been a permanentresident at the place, that his people and family are not forthcoming, that he hasno ostensible means of livelihood, and that his mode of living is neverthelescomfortable, or that it appears that he has been in the habit of residing for threeor four months together at different places in the neighbourhood, and that withoutostensible means of livelihood he is still enable to exist, and when all or several ofthese circumstances correspond with the approver's statement then will the NipalGovernment make surrender of such individuals to the Magistrates of the BritishGovernment for trial and punishment. On the other hand (recapitulate the abovedetails), it is expected that the Magistrates of the British Government will surrender

NEPAL-NOS. V-1837, VI-1839 AND VII-1841.

such individuals to the Nipalese authorities of the Terai, for trial and punishment

by the Nipal Government.

Further, when on investigation of the allegations of the approvers by the localofficers of either Government, the charge is found not to correspond with the cir-cumstances of the individuals, or to be otherwise untenable it will by all means benecessary that in such cases surrender be withheld.

No. VI.

TRANSLATION of an ENGAGEMENT under the Red Seal, in the form of a letter, from

MAHARAJAH of NIPAL to RESIDENT,-dated 6th November 1839.According to your (Resident's) request and for the purpose of perpetuating the

friendship of the two States as well as to promote the effectual discharge of currentbusiness, the following items are fixed :-

1st. All secret intrigues whatever, by messengers or letters, shall totally cease.

2nd. The Nipal Government engages to have no further intercourse with thedependent allies of the Company beyond the Ganges, who are by Treaty precludedfrom such intercourse, except with the Resident's sanction and under his passports.

3rd. With the Zamindars and baboos on this side of the Ganges who are con-nected by marriage with the Royal family of Nipal, intercourse of letters and per-sons shall remain open to the Nipal Government as heretofore.

4th. It is agreed to as a rule for the guidance of both Sircars, that in judicialmatters where civil causes arise there they shall be heard and decided ; and theNipal Government engages that for the future British subjects shall not be compelledto plead in the Courts of Nipal to civil actions, having exclusive reference to theirdealings in the plains.

5th. The Nipal Government engages that British subjects shall hereafter beregarded as her own subjects in regard to access to the Courts of Law, and that thecauses of the former shall be heard and decided without denial or delay, accordingto the usages of Nipal.

6th. The Nipal Government engages that an authentic statement of all theduties leviable in Nipal shall be delivered to the Resident, and that hereafter un-authorised imposts not entered in this list shall not be levied on British subjects.

No. VII.

TRANSLATION of an ICKRAR NAMER signed by the GoOROOS, CHOUNTRAS, CHIEFS,

etc., etc., of Nipal, dated Saturday, Poos Soodi 9th, 1897, or 2nd January1841.

We the undersigned Gooroos, Chountras, Chiefs, etc., etc., of Nipal, fully agreeto uphold the sentiments as written below, viz. :-

NEPAL-NOS. VII-1841 AND VIII-1855.

That it is most desirable and proper that a firm and steady friendship shouldexist and be daily increased between the British and Nipal Governments; that tothis end every means should be taken to increase the friendly relations with theCompany, and the welfare of the Nipal Government; that the Resident shouldever and always be treated in an honourable and friendly manner ; that if, never-theless, any unforeseen circumstance or unjust or senseless proceeding should atany time arise to shake the friendly understanding which ought to exist betweenthe two Sirkars, or to cause uproar and mischief at Khatmandoo, we should beresponsible for it.

Signed by 94 Chiefs.

No. VIII.

TREATY between the HONOURABLE EAST INDIA COMPANY and His HIGHNESS

MAHARAJAH DHERAJ SOORINDER VIKRAM SAH BAHADOOR, Rajah of Nipal,-10th February 1855.

Treaty between the Honourable East India Company and His Highness Maha-rajah Dheraj Soorinder Vikram Sah Bahadoor Shumshere Jung, Rajah of Nipal,settled and concluded on the one part by Major George Ramsay, Resident at theCourt of His Highness, by virtue of full powers to that effect vested in him by thMost Noble James Andrew, Marquis of Dalhousie, Knight of the Most Ancient andMost Noble Order of the Thistle, one of Her Majesty's Most Honourable PrivyCouncil and Governor General, appointed by the Honourable Company to. directand control all their affairs in the East Indies, and on the other part by GeneralJung Bahadoor Koonwar Ranajee, Prime Minister of Nipal, in the name and onbehalf of Maharajah Dheraj Soorinder Vikram Sah Bahadoor Shumshere Jung,Rajah of Nipal, in virtue of the powers to that effect vested in him by the saidRajah of Nipal.

ARTICLE 1ST.

The two Governments hereby agree to act upon a system 6f strict reciprocityas hereinafter mentioned.

ARTICLE 2ND.

Neither Government shall be bound in any case to surrender any person notbeing a subject of the Government making the requisition.

ARTICLE 3RD.

Neither Government shall be bound to deliver up debtors, or civil offenders orany person charged with any offence not specified in Article 4.

ARTICLE 4TH.

Subject to the above limitations, any person who shall be charged with havingcommitted, within the territories of the Government making the requisition, any

NEPAL-NO. VIII-1855.

of the undermentioned offences, and who shall be found within the territories of

the other, shall be surrendered ; the offences are murder, attempt to murder, rape,

maiming, thuggee, dacoity, high-way robbery, poisoning, burglary, and arson.

ARTICLE 5TH.

In no case shall either Government be bound to surrender any person accused

of an offence, except upon requisition duly made by, or by the authority of, the

Government within whose territories the offence shall be charged to have been

committed, and also upon such evidence of criminality, as according to the laws

of the country in which the person accused shall be found, would justify his appre-

hension, and sustain the charge if the offence had been there committed.

ARTICLE 6TH.

If any person attached to the British Residency, or living within the Residency

boundaries, not being a subject of the Nipalese Government, commit in any part

of the Nipalese territories, beyond the Residency boundaries, an offence which

woLld render him liable to punishment by the Nipalese Courts, he shall be appre-

hended and made over to the British Resident for trial and punishment : but sub-

jects of the Nipal State under similar circumstances are not to be given up by the

Nipalese Government for punishment. Should any Hindoostanee Merchants, or

other subjects of the Honourable Company, not attached to the British Residency,who may be living within the Nipal territories, commit any crimes beyond the

Residency boundaries, whereby they may render themselves liable to punishment

by the Nipalese Courts, and take refuge within the limits of the Residency, they

shall not be allowed an asylum but will be given up to the Nipal Government for

trial and punishment.

ARTICLE 7TH.

The expenses of any apprehension, detention, or surrender made in virtue of

the foregoing stipulations, shall be borne and defrayed by the Government making

the requisition.

ARTICLE 8TH.

The above Treaty shall continue in force until either one or the other of the

High Contracting Parties shall give notice to the other of its wish to terminate

it, and no longer.

ARTICLE 9TH.

Nothing herein contained shall be deemed to affect any Treaty now existing

between the High Contracting Parties, except so far as any such Treaty may be

repugnant hereto.

This Treaty, consisting of nine Articles, being this day concluded and settled

by Major George Ramsay, on behalf of the Honourable East India Company with

Maharajah Dheraj Soorinder Vikram Sah Bahadoor Shumshere Jung, Major Ramsay

NEPAL-NOS. VIII-1855 AND IX-1860.

has delivered one version thereof in English, Purbutteah, and Oordoo, signed andsealed by himself, to the Maharajah, who, on his part, has also delivered one copy

of the same to Major Ramsay, duly executed by His Highness, and Major Ramsay

hereby engages to deliver a copy of the same to His Highness the Maharajah,duly ratified by the Governor-General in Council, within sixty days from this date.

Signed, sealed, and exchanged at Katmandhoo, Nipal, this Tenth day of FebruaryA.D., one Thousand Eight Hundred and Fifty-five corresponding to the Eighth day

of Falgoon, Sumbat, Nineteen Hundred and Eleven.

G. RAMSAY, Major,Resident at the Court of Nipal.

J. DORIN.

J. P. GRANT.

B. PEACOCK.

Ratified by the Honourable the President of the Council of India in Council,at Fort William in Bengal, this twenty-third day of February, One ThousandEight Hundred and Fifty-five.

CECIL BEADON,

Secretary to the Government of India.

No. IX.

TREATY with NIPAL,-lst November 1860.

During the disturbances which followed the mutiny of the Native army of Bengal

in 1857, the Maharajah of Nipal not only faithfully maintained the relations of peace

and friendship established between the British Government and the State of Nipal

by the Treaty of Segowlee, but freely placed troops at the disposal of the Britishauthorities for the preservation of order in the Frontier Districts, and subsequently

sent a force to co-operate with the British Army in the re-capture of Lucknow and

the final defeat of the rebels. On the conclusion of these operations, the Viceroy

and Governor-General in recognition of the eminent services rendered to the

British Government by the State of Nipal, declared his intention to restore to the

Maharajah the whole of the lowlands lying between the River Kali and the District

of Goruckpore, which belonged to the State of Nipal in 1815, and were ceded to theBritish Government in that year by the aforesaid Treaty. These lands have now

been identified by Commissioners appointed for the purpose by the British Govern-ment, in the presence of Commissioners deputed by the Nipal Darbar ; masonry

pillars have been erected to mark the future boundary of the two States, and the

territory has been formally delivered over to the Nipalese Authorities. In order

the more firmly to secure the State of Nipal in the perpetual possession of this

NEPAL-NO. IX-1860.

territory, and to mark in a solemn way the occasion of its restoration, the followingTreaty has been concluded between the two States

ARTICLE 1ST.

All Treaties and Engagements now in force between the British Governmentand the Maharajah of Nipal, except in so far as they may be altered by this Treaty,are hereby confirmed.

ARTICLE 2ND.

The British Government hereby bestows on the Maharajah of Nipal in fullsovereignty, the whole of the lowlands between the Rivers Kali and Raptee, andthe whole of the lowlands lying between the River Raptee and the District ofGoruckpore, which were in the possession of the Nipal State in the year 1815,and were ceded to the British Government by Article III of the Treaty concludedat Segowlee on the 2nd of December in that year.

ARTICLE 3RD.

The boundary line surveyed by the British Commissioners appointed for thepurpose extending eastward from the River Kali or Sardah to the foot of the hillsnorth of Bagowra Tal, and marked by pillars, shall henceforth be the boundarybetween the British Province of Oudh and the Territories of the Maharajah ofNipal.

This Treaty, signed by Lieutenant-Colonel George Ramsay, on the part ofHis Excellency the Right Honourable Charles John, Earl Canning, G.C.B., Viceroyand Governor-General of India, and by Maharajah Jung Bahadoor Rana, G.C.B.

on the part of Maharajah Dheraj Soorinder Vikram Sah Bahadoor ShumshereJung, shall be ratified, and the ratifications shall be exchanged at Khatmandoowithin thirty days of the date of signature.

Signed and sealed at Khatmandoo, this First day of November, A.D., one thousandeight hundred and sixty corresponding to the third day of Kartick Budee, Sumbutnineteen hundred and seventeen.

G. RAMSAY, Lieut.-Col.,

Resident at Nipal.

CANNING,

Viceroy and Governor-General.

This Treaty was ratified by His Excellency the Governor-General, at Calcutta,on the 15th of November 18 0.

A. l1. YOUNG,

Deputy Secrelary to the Government of India.

NEPAL-NOS. X-1886 AND XI-i875.

No. X.

Memorandum dated the 23rd of July 1866, supplemental to the TREATY with theSTATE of NIPAL, of the 10th of February 1855, for the mutual surrender ofheinous criminals adding to the 4th ARTICLE of the said TREATY the offencesof cattle stealing, of embezzlement by public officers, and serious theft,-23rd July 1866.

It is hereby settled and concluded by Colonel George Ramsay, Resident at theCourt of Nipal, by virtue of full powers vested in him by his Excellency the RightHon'ble Sir John Laird Mair Lawrence, Baronet, G.C.B. and K.c.s.i., Her Majesty'sViceroy and Governor-General of British India, and by Maharajah Jung BahadoorRana, G.C.B., Prime Minister and Commander-in-Chief of Nipal, in virtue of powersto that effect granted to him by his Sovereign the Maharajah Dheraj of Nipal.

That, subject to all the other conditions of the Treaty which was executed atKhatmandoo by the same parties on the tenth day of February one thousandeight hundred and fifty-five, corresponding to the eighth day of Fagoon, Sumbutnineteen hundred and eleven, and with the view to the prevention of frontier dis-putes, and the more speedy and effectual repression of crime upon the border, theoffences of cattle-stealing, of embezzlement by public officers, and of serioustheft, that is to say, cases of theft in which the amount stolen may be considerable,or personal violence may have been used, shall be included in the list of crimes forwhich surrenders shall be demanded by either Government. In fact, they arehereby formally added to the list of crimes specified in the 4th Article of the saidTreaty.

Executed at Khatmandoo this twenty-third day of July A.D. one thousandeight hundred and sixty-six, corresponding to the twenty-sixth day of Asarh,Sumbut nineteen hundred and twenty-three.

G. RAMSAY, Col.,

Resident at Nipal.

JOHN LAWRENCE,

Governor-General.

This Treaty was ratified by His Excellency the Governor-General at Simlaon the 9th of August 1866.

W. MUIR,

Secy. to Govt. of India.

No. XI.

AGREEMENT with Nipal,-7th January 1875.

We, Lieutenant-Colonel I. F. MacAndrew, Officiating Commissioner of Sitapoorand Commissioner of the British Government for settlement of the Nipal boundary

NEPAL-NOS. XI-1875 AND XII-1881.

on the Dhundwa range of hills, and Colonel Sidhiman Sing Sahib Bahadur RajBhandari, Commissioner of the Nipal Government for the settlement of the saidboundary, do agree that the boundary between the two States on the Dhundwarange of hills from the Arrah Nuddee to the hills above Baghora Tal shall be thefoot of the lower spurs where they meet the plain to the south of the range, on thefollowing conditions :-

First.-That the subjects of the British Government who come to the hillsfor bankas shall have it at the rate of payment they have been usedto make to Tulsipoor.

Second.-That the Nipal Government shall accept the boundary laid downby the Surveyor at the foot of the hills as a final settlement of thequestion.

I. F. MACANDREW, Lieut.-Col.,

The 7th January 1875. Commr. for British Govt.

SIGNED IN NIPALESE CHARACTER.

No. XII.

Memorandum dated the 24th of June 1881, Supplemental to the Treaty with theState of Nepal, dated the 10th February 1855, A.D., corresponding to the 8thFhagun, Sumbut 1911, and to the Memorandum with the State of Nepal,dated 23rd July 1866, A.D., corresponding to the 26th Asarh, Sumbat 1923,for the mutual surrender of criminals,-24th June 1881.

It is hereby agreed by Charles Edward Ridgeway Girdlestone, Esq., of theBengal Civil Service, Resident at the Court of Nepal, by virtue of full powersvested in him by His Excellency the Most Hon'ble the Marquis of Ripon, K.G.,

G.M.S.I., G.M.I.E., Her Imperial Majesty's Viceroy and Governor-General ofBritish India, and by Maharajah Sir Runoodeep Singh, Rana Bahadur, K.C.S.I.,

Thonglin Pimma Kokang Vyang Syang, Prime Minister and Commander-in-Chiefof Nepal, by virtue of full powers vested in him by His Highness the MaharajAdhiraj of Nepal.

That the offence of escaping from custody whilst undergoing punishment afterconviction of any of the offences specified in the fourth Article of the aforesaidTreaty, or in the aforesaid Memorandum, shall be deemed to be added to the listof offences specified in the fourth Article of the aforesaid Treaty.

Executed at Katmandoo, this twenty-fourth day of June A.D. one thousandeight hundred eighty-one, corresponding to the thirteenth day of Asarh Sumbatone thousand nine hundred thirty-eight.

CHARLES EDWARD RIDGEWAY GIRDLESTONE,

Resident in Nepal.

RIPON,

Viceroy and Governor-General of India.

NEPAL-NOS. XII-1881 AND XIII-1923.

This Treaty was ratified by His Excellency the Viceroy and Governor-Generalof India, at Simla, on the eleventh day of August, one thousand eight hundred andeighty-one.

A. C. LYALL,


Foreign Department.

No. XIII.

TREATY of FRIENDSHIP between Great Britain and Nepal signed at KATMANDU,

21st December 1923, and Note bearing the same date respecting the importa-tion of Arms and Ammunition into NEPAL-1923.

(Exchange of ratifications took place at Katmandu on the 8th April 1925.)

TREATY.

Whereas peace and friendship have now existed between the British Govern-ment and the Government of Nepal since the signing of the Treaty of Segowlie onthe 2nd day of December 1815 ; and whereas since that date the Government ofNepal has ever displayed its true friendship for the British Government and theBritish Government has as constantly shown its good-will towards the Govern-ment of Nepal ; and whereas the Governments of both the countries are now desirousof still further strengthening and cementing the good relations and friendshipwhich have subsisted between them for more than a century; the two High Con-tracting Parties having resolved to conclude a new Treaty of Friendship haveagreed upon the following Articles -

Article .- There shall be perpetual peace and friendship between the Govern-ments of Great Britain and Nepal, and the two Governments agreemutually to acknowledge and respect each other's independence, bothinternal and external.

Article II.-All previous treaties, agreements and engagements, since andincluding the Treaty of Segowlie of 1815, which have been concludedbetween the two Governments are hereby confirmed, except so far asthey may be altered by the present Treaty.

Article III.-As the preservation of peace and friendly relations with theneighbouring States whose territories adjoin their common frontiersis to the mutual interests of both the High Contracting Parties, theyhereby agree to inform each other of any serious friction or misunder-standing with those States likely to rupture such friendly relations,and each to exert its good offices as far as may be possible to removesuch friction and misunderstanding.

NEPAL-NO. XII-1923.

Article IV.-Each of the High Contracting Parties will use all such measuresas it may deem practicable to prevent its territories being used forpurposes inimical to the security of the other.

Article V.-In view of the longstanding friendship that has subsisted betweenthe British Government and the Government of Nepal and for thesake of cordial neighbourly relations between them, the British Govern-ment agrees that the Nepal Government shall be free to import fromor through British India into Nepal whatever arms, ammunition,machinery, warlike material or stores may be required or desired forthe strength and welfare of Nepal, and that this arrangement shallhold good for all time as long as the British Government is satisfiedthat the intentions of the Nepal Government are friendly and thatthere is no immediate danger to India from such importations. TheNepal Government, on the other hand, agrees that there shall be noexport of such arms, ammunition, etc., across the frontier of Nepaleither by the Nepal Government or by private individuals.

If, however, any Convention for the regulation of the Arms Traffic, towhich the British Government may be a party, shall come into force,the right of importation of arms and ammunition by the NepalGovernment shall be subject to the proviso that the NepalGovernment shall first become a party to that Convention, and thatsuch importation shall only be made in accordance with the provisionsof that Convention.

Ar/icle VI.-No Customs duty shall be levied at British Indian ports on goodsimported on behalf of the Nepal Government for immediate transportto that country provided that a certificate from such authority as mayfrom time to time be determined by the two Governments shall be pre-sented at the time of importation to the Chief Customs Officer at theport of import setting forth that the goods are the property of theNepal Government, are required for the public services of the NepalGovernment, are not for the purpose of any State monopoly or Statetrade, and are being sent to Nepal under orders of the Nepal Govern-ment.

The British Government also agrees to the grant in respect of all trade goods,imported at British Indian ports for immediate transmission to Katemandu without breaking bulk en route, of a rebate of the full dutypaid, provided that in accordance with arrangements already agreed tobetween the two Governments, such goods may break bulk for repack-ing at the port of entry under Customs supervision in accordance withsuch rules as may from time to time be laid down in this behalf. Therebate may be claimed on the authority of a certificate signed by thesaid authority that the goods have arrived at Katmandu with theCustoms seals unbroken and otherwise untampered with.

NEPAL-NO. XIII-1923.

Article VII.-This Treaty signed on the part of the British Government by

Lieutenant-Colonel W. F. T. O'Connor, C.I.E., c.v.o., British Envoy

at the Court of Nepal, and on the part of the Nepal Government by

General His Highness Maharaja Sir Chandra Shumshere Jung Bahadur

Rana, G.C.B., G.C.S.I., G.C.M.G., G.C.V.O., D.C.L., Thong-lin Pimma-

Kokang-Wang-Syan, Prime Minister and Marshal of Nepal, shall be

ratified and the ratification shall be exchanged at Katmandu as soon

as practicable.

Signed and sealed at. Katmandu this the twenty-first day of December in theyear one thousand nine hundred and twenty-three Anno Domini, cor-

responding with the sixth Paush, Sambat Era one thousand nine hundredand eighty.

W. F. T. O'CONNOR, Lt.-Col., (Under Vernacular

British Envoy at the translation of Treaty.)

Court of Nepal. CHANDRA SHUMSHERE,

Prime Minister and

Marshal of Nepal.

NOTE

From the Prime Minister of Nepal, to the British Envoy at the Court of Nepal.

Nepal, December 21, 1923.

My dear Colonel O'Connor,

Regarding the purchase of arms and munitions which the Government

of Nepal buys from time to time for the strength and welfare of Nepal, and importsto its own territory from and through British India in accordance with Article V

of the Treaty between the two Governments, the Government of Nepal herebyagrees that it will, from time to time before the importation of arms and munitionsat British Indian Ports, furnish detailed lists of such arms and munitions to theBritish Envoy at the Court of Nepal in order that the British Government may

be in a position to issue instructions to the port authorities to afford the necessaryfacilities for their importation in accordance with Article VI of this Treaty.

I am, etc.,

CHANDRA.

To

Lieutenant.Colonel W. F. T. O'CONNOR, C.I.E., C.v.O.,

British Envoy at the Court of Nepal.

PART IV.


Bhutan.

B TIUTAN is a State in the eastern Himalayas of which there is noreliable history. Apparently immigrants from the Tibetan prov-

ince of Kham occupied the country at least four centuries ago, but priests,or Lamas, from Tibet had probably obtained a footing there even earlier.The earliest recorded form of government was that of a religious chief,the Dharma Raja. Subsequently the Government became a dual oneunder two rulers exercising joint control, through the association withthe Dharma Raja of a lay chief, the Deb Raja. The fir 4 Dharma Rajais said to have been Shabdung Nga-Wang Nam Gyel (Ngawang NamGyel), a brother or cousin of the Tibetan saint i)uk Kinle, who wasborn about 1534. The earlier portion of Ngawang Nam Gyel's life wasspent in Tibet; but later he started on a long pilgrimage, eneired Bhutanin 1557 and settled for three years at Tsari-Ta-go Dorjeden. He after-wards moved to the Punakha valley. After his death Ngawang NainGyel appeared in three separate incarnations; his body 'Nbecame the sf(oidDharnia Raja Nga-Wang Jigmed Trag-Pa; his voice appeared inthe person of Ngag-t Wang Sakya Tenzing; his mind returned to Kham,where its incarnations have continued.

Ngawang Nam Gyel had a son, Jam-phul Dorje, who became a celi-bate and incarnate Lama; and his incarnations are called Ta-s GoKhri Rimpoche to distinguish them from the successors of NgawangSakva Tenzing, who are called the " Thi " Lamas*, or Lam Thipa.Ngawang Nam Gyel appointed penlops and .jongpens, officials corre-sp)oriding to commissioners of divisions, to administer the country, andkept them under complete control. On his death the second harina

Raja, considering that temporal and spiritual powers were incompatible,confined himself entirely to the latter, and appointed a minister to wieldthe former. This minister by degrees became the Deb Raja and temporalr'uler of Bhutan. The Deb Raja was chosen by election from time ictime from among certain great functionaries of the ,ta1'e. The DharmcRaja held his office for life.

* Thi (Khri) is the Tibetan. for a " seat)" or " throne '.

( 71 )

BHUTAN.

The first notable event inl Bhutan history is the outbreak of hostilitiesw'th Sikkim. The third taja of Sikkim, Cha-dhor Nai Gyel, was born,n 1686, and succeeded his father about 1700. In his youth he appears

to have mortally offended his half-sister Pende Amo. On his accessionthe quarrel broke out again, and Pende Amo invited the Bhutanese toinvade Sikkim and expel her brother. Accordingly the Deb 'Raja ofBhutan sent a force which overran Sikkim, occupied the palace, anlcompelled Raja Cha-dhor to fly to Tibet. The date of this invasion isvariously given as from 1700 to 1706. Five or six years later, HajaCha-dhor returned from Tibet, when the Bhutanese evacuated all Sik-kim west of the Roro Chu and Tista river, but still continued to main-fain their position at Fort Damsong and to occupy what is now tl'eKalimpong sub-division and the country between the De-chu and theTegon g-la range. In 1770 the Bhutanese again invaded Sikkiin, butwere utterly defeated.

Intercourse between the East India Company and Bhutan originatedwith the expedition sent in 1773 for the relief of the Raja or Cooch Bebar(See Bengal Volume II). The Bhutanese, driven out of Cooch Beharand pursued into the hills, threw themselves on the protection of Tibet.The Tashi Liama, then Regent of Tibet and guardian of the (rand Lamaof Lhasa, addressed the Company on their behalf. The application wasfavourablY received and a Treaty of peace (No. I) was '"oncluded on the25th April 1774, by which the Bhutanese agreed to pay the Companyan annual tribute of'five Tangan horses, to deliver up the Raja of CoochBehar, and never to make any incursions into British territory or molestthe ravats in any way.

From that time, with the exception of two unsuccessful commercialmissions in 1774 and 1783, there was little intercourse with BhutanYntil the British occupation of Assam, which connected lie British .1ndBhutan frontiers. With the annexation of Assam began a series ofXggressions by the Bhutanese on British territory, followed by reprisalson the part of the British, who occupied the Duars, or passes, whichlie at the foot of the Bhutan Hills. Besides the Kuriapara Duar, form-erly governed by the Towang Raja, who was immediately dependent onLhasa and not on the Bhutan Darbar, there are in. all nineteen* Duars

Bengal Duars. 11. Sidli.*1. Damilkot. 12. Bagh or Bini.

2. Zamarkot.3. Chiniarchi. Kamr up Duars.4. Lukhi. 13. Gharkola.5. Baxa. 14. Banska.6. Balka. 15. Chappaaori.7. Bara. 16. Chappakhamar.

17. Bijni.Goalpara or Eastern Duars.

S. Guma. Darrang Duars9. Ripu. ]. Buri Guma.

10. Chirang. 19. Kalling.

BHUTAN.

on the Bengal and Assam frontiers. Over the Bengal Duars, whichextend from the Tista, on the eastern boundary of Sikkim, to the Sankos,the Bhutanese had for many years held sovereign dominion: and,previous to the annexation of Assam by the British during the firstBurmese War, they had also wrested the Kamrup Duars from the As-samese, while the Darrang Duars were held on joint tenure by theBhutanese and Assamese. For these seven Duars, including the Taraitract below them, the Bhutanese paid a tribute in kind, fixed at thevalue of Rs. 3,049. The Kamrup Duars remained in the hands of theBhutanese all the year round, but the Darrang Duars were annuallysurrendered to the Assamese Government from July to November. Thisanomalous provision led to trouble; while a further and endless sourceof dispute arose from the fact that the tribute was paid in kind whileits value was fixed in specie.

After the annexation of Assam, the tribute was paid to the British,who also continued the system of joint occupation of the three Duars ofKuriapara, Buri Guma, and Kalling; but the character of the tenureand the mode of paying tribute were constant sources of irritation andquarrel. In 1828 outrages by the Jongpen of Buri Guma resulted inthe attachment of that Duar by the Company; but in 1834 it wasrestorea on payment of a fine. Fresh outrages in the Bijni Duar inthe following year, coupled with a refusal to pay the current tribute,were answered by threats of attachment which, however, were not carriedout. Wanton incursions from the Banska Duar in 1836 led to its at-tachment, and ultimately to armed collision with the Bhutanese. In1837 Captain Pemberton was sent on a mission to the Deb and DharwaRajas, but he failed to secure any effectual or permanent settlement.

In 1841, in consequence of renewed agressions and the increasingdisorganisation of the country, the seven Assam Duars, comprising sot1,600 square miles in area, were annexed to the British possessions, andit was agreed that a sum of Rs. 10,000 should be annually paid to the

Chiefs as compensation; this sum was considered equivalent to one-thirdof the revenue of the Kamrup and Darrang Duars. No written agree-ment was made regarding this arrangement.

A similar arrangement, under a written Engagement (No. II), wasmade in 1844 with the Bbitia communities dependent on the TowengRaja, and a sum of Rs. 5,000 a year, representing one-third of the netrevenue, was fxed as compensation for the annexation of the EuriapartDuar (see Vol. XII-Assam).

These measures proved effectual as regards the country lying uTrdertIhis portion of the Bhutan Hills, but disturbances continued along theBengal section of the Duars. At length in 1,854 the Darbar sent a rudeintimation that the compensation paid for the loss of the Assam Duarswas insufficient and must be increased. The natural refusal of the

r. ?

BHUTAN.

Company to listen to this demand was fullowed by Bhutanese raids onAssam. Lord Dalbousie ilt.iinited to the Darbar that in future allproperty plundered 1'y the Bhutanese- would be deducted from the annualpayment on account of the Assa D Duars and that further outrage wouldlead to the perianent annexation of the Dunts on the Bengal side.These threats, however, produced no lasting effect; acts of kidnappingand plunder continued and in 1859-60 the cis-Tista territory known asthe Ambari Fallakotta, which was held in farm from Bhutan, was taknpossession of, the terms under which it would be restored being fullyexplained to the Deb Raja. As outrages did not cease and the usurpa-tions of the frontier Governors made it doubtful whether letters to heBhutan Government were not intercepted, the Deb and Dharma Rajaswere informed that a mission would be ceut to explain the British de-mands, the consequences of not acceding to them, and the terms of thetreaty with the Raja of Sikkim, whom the Bhutan authorities hadthreatened to attack on the pretext that the Ambari Fallakotta rentshad been withheld owing to the rupture between him and the Governmentof India. After a year's delay, caused by the evasive replies of theBhutan Goverment, the mission started in December 1863.

The Envoy, the Hon. Ashley Eden, reached the capital, Punakha,on the 13th of March 1864. where he found the Deb and Dhaima Rajaspuppets in the hands of Jig'me Nam Gvel, the Tongsa Penlop, the suc-cessful leader of an insurrection which had lately taken place. Herefused to treat except on condition of the restoration of the AssamDuars, subjected the mission to gross outrage and insult and only gavethem permission to return after the Envoy had signed, under compul-(ion, an agreement that the Government of India would readjust thewhole boundary between the two countries, restore the Assam Duas,deliver all runaway slaves and political offenders who had taken refugein British territory and consent to be punished, by the Bhutan and CoochBehar Governments acting together, if they ever made encroachmentson Bhutan.

The engagement which had been extorted from the Envoy was atonce repudiated by the Government of India: and, as a punishment forthe treatment to which the mission had been subjected, the AmbariFallakotla was declared (No. III) to be permanently annexed to theBritish dominions, the payment of revenue to Bhutan from the AssamDuars -'as stopped for ever, and the Bhutan Government were informedthat, if the British demands were not complied with by the 1st Sep-tember 1864, such further measures as might appear necessary wouldbe adopted to enforce them. No steps having been taken, within thetime specified, to comply with these demands, the Bengal Duars werepermanently annexed (No. IV) and the districts were occupied by Britishtroops.

311 ITAii.

Within a few months the Bhutan Government made overtures forpeace and asked for the restoration of the Duars. They were informedthat the Duars could not be restored: that, if they were sinterely de-sirous of peace and would consent to the conditions laid down by theGovernment of India, peace would be granted; but that, if they delayedand an advance on Punakha became necessary, much more stringentterms would be exacted. Preliminary negotiations were accordinglyopened, and during their continuance hostilities were suspended. Theprincipal conditions offered to the Bhutan Government were that theyshould surrender all British subjects and all subjects of Cooch Beharand Sikkim detained in Bhutan against their will; that they shouldsign articles for the mutual extradition of criminals, the maintenanceof free trade, and arbitration by the Government of India of all disputesbetween the Bhutan Government and the Chiefs of Cooch Behar andSikkim; that they should cede the whole of the Duars, together withcertain hill posts protecting the passes into Bhutan; that they shoulddeliver up two British guns which had been lost at Dewangiri, returnthe agreement they had extorted from the Envoy, and apologise, for theinsult offered to the British Government in the person of the Envoy.

They were also informed that, in consideration of the fulfilment otthese terms, the Government of India would pay to the Bhutan Govern-ment from the revenues of the Duars an annual sum starting at .Rs.25,000 and rising to Rs. 50,000. The treaty extorted. from the Envoywas given up and an apology was tendered for the insults offered tohim; but, as the guns which had been lost were in the possession ofthe Tongsa Penlop, who had not signified his adherence to the terms, aseparate Agreement (No. V) was concluded, providing that no paymentwould be made to the Bhutan Government until the guns were actuallyrestored. They were eventually surrendered on the 25th February 1866.The permanent arrangements effected were recorded in a Treaty (No. VI)concluded on the 11th November 1865: and the annexation of the Duarswas declared in a Proclamation (No. VII) of the 4th July 1866. Tsan.gSithub was at this time Deb Raja: he was succeeded by Jigme NamGyel, the Tongsa Penlop, who had been de facto ruler of Bhutan since1864.

In accordance with the provisions of Article V of the Treaty of 1866,payment of the allowance to the Bhutan Government was temporarilywithheld in 1868, in consequence of the Bhutanese having put a stop tointercourse between Bhutan and Buxa, and of their having disregardedthe provisions of Article IV by sending an officer of inferior raTk toreceive the annual payment.

Jigme Narn Gyel reigned as Deb Raja until .1873,. when he retiredin favour of his brother Gantem Nam Gyel, who came to Buxa to meetthe Lieutenant-Governor of Bengal in 1875; this was the first occasion

B3HUTAN.

on which a Deb Raja entered British India, or met one of the EnglishGovernors. At the beginning of 1877 the pretensions of a rival claimantcaused a civil war, and for about seven months the rebels gained ground;but Jigme Nam Gyel came forward again, resumed the supreme autho-rity and in a short time defeated the insurgents. Soon after, however,he once more retired in favour of Gantem ?Nam Gyel, who ruled tillMarch 1879, when he resigned, and was succeeded bv Shujah Jai (lia.Shujah Nam Gyel).

After the close of the civil war of 1877, two Chiefs of the insurgents'party, the Penlop of Paro and the Jon-pen of Punakha, with a fewfollowers took refuge in British territory. The party arrived at Buxain a state of destitution and received from Government compassionategrants in cash and land for cultivation on condition of their abstainingfrom intrigues in Bhutan. The Deb Raja asked for their surrender,which was refused on the ground that they were merely political offend-ers. They settled in the Darjeeling hills where one of the Chiefs died.Two years later, a change in political affairs allowed the return of tlteparty to Bhutan.

In March 1880 a raid was conimitted by a Suba on a British village,Chunbati, near Buxa on the frontier, the object being the recovery ofsome persons who had escaped from slavery in Bhutan and settled inBritish territory. Six persons were carried off: and, ten of the raiderbeing satisfactorily identified, a demand was made for the restorationof the captives and the surrender of the raiders in accordance with thetreaty. The Deb Raja delayed and made excuses. Ile was consequentlytold that the annual subsidy, paid to the Bhutaii Government on conditionof good behaviour, would be withheld till he complied with the demands.

Shile the matter was pending two of the captives escaped and returnedto Buxa: and eventually, when the Bhutan Government realised thatthe subsidy would not otherwise be paid, the remaining captives andeight out of the ten raiders were delivered at Buxa in July 1881, oneraider having died and another escaped on the road.

Sbujah .lain (alias Shujah Nam Gvel) died in June 1880. The Jong-pen of Punakha put forward a relative named Lamehen, another Jong-pen, for the throne, but Jigme Nam Gyel, distrusting this candidate,again came forward and succeeded in securing his own re-election as DebRaja. He died in July 1881, and was succeeded by Lamehen. Shortlyafter this the retired Deb Raja Gantem Nam Gyel died: and in May1883 Lamchen resigned, dying a few days later. He was succeeded bya nephew on his mother's side, Gan-Zang, who was elected Deb Rajawithoot opposition on the 16th May 1883. He seems to have relied asmuch on the two principal Chiefs, the Penlops of Paro and Tongsa, asi id the Deb Rajas at the time of Sir Ashley Eden's mission.

BHUTAN.

Deb Lamchen, out of friendship to Deb Jigme Nam Gyel, appearsto have appointed Tinle, the latTer's eldest son, to be Paro Penlop, andthe younger, Ugyen Wangchuk, Jongpen of Wangdu Potrang. Shortlyafterwards Ugyen Wanchuk's uncle, the Tongsa Penlop, was murdered,and Ugyen succeeded him as Tongsa Penlop. In 1883 Tinle, Paro Pan-lop, attacked Phari in Tibet and seized the Tibetan Jongpen: an outragewhich led to the mission of the Shape Rampa and a Chinese Popon toParo in July 1885. In 1884, shortly after his return from Phari, Tinledied at his brother's palace in Tongsa.

In October 1884 quarrels broke out between the Tongsa Penlop (UgyeuWangchuk) and Alu Dorzi, Thimpu Jongpen, on account of the latte7withholding the Tongsa Penlop's share of the British subsidy. This re-sulted in the Tongsa Penlop capturing Simdtokha fort about the 14thMay 1885. A fortnight later the contending parties held a meeting tocongider terms; but at this meeting the Tongsa Penlop's adherents at-tacked the opposite party, killed some of Thimpu Jongpen's adherentsand wounded the Punakha Jongpen. The Thimpu Jongpen and othersfled to Tibet.

On the 23rd August 1885, Deb Gan-Zang retired and was succeededby the Tongsa Penlop's nominee, Pang Sangye Dorzi, a learned Lamawho is commonly known as " Eapen Loben " or " Yanpe Lopen".*

In, March 1886, there was another joint Tibetan and Chinese missionto Paro, which settled certain terms of agreement between the TongsaPenlop and Alu Dorzi, the ex-Thimpu Jongpen. But the disagreementbetween India and Tibet regarding Lingtu occurred shortly afterwards,and these terms were never carried into effect. Early in 1889 DebYanpe, though remaining titular Deb Raja, resigned his powers infavour of the Tongsa Penlop. In 1891 in consequence of outrages com-mitted on villages situated in the north of the Kamrup district of Assam,the Bhutan subsidy was temporarily stopped: and, as the warnings is-sued to the Deb Raja produced little or no effect, a deduction of Rs.706-12-0, being the cost of the maintenance of a police outpost at Kako-labari for the protection of British subjects, was made from the subsidypaid in 1893. The Bhutan Government having subsequently explainedmatters and adopted a friendly attitude, the payment of the subsidyin Tull was restored in 1894.

In 1892 the delimitation of the boundary between Jalpaiguri andBhutan was brought to a satisfactory conclusion.

Towards the end of 1903 the management of the political affairs ofBhutan was transferred from the Government of Bengal to the BritishCommissioner for Tibet, under the direct control of the Government of

* Loben or Lopen is the title of the four great Lamas or Tasongs next to theDharma Raja.

BHUTAN.

India. A friendly meeting took place between the Commissioner (Colo-nel Younghusband) and a high Bhutan official at Chumbi, in Tibet, andthe co-operation of the Bhutan Government was secured in making asurvey of a direct route to the Chumbi valley through Bhutan. A Per-

mit (No. VIII) was given by the Dharma Raja of Bhutan permittingthe survey and construction of a road and the taking up of the necessaryland for a road and rest-houses, subject to the payment of such rent as

might be determined later.

The advance of the British mission into Tibet proved the turningpoint in the relations of the British witl Bhutan. The Tongsa Peulop,

after a meeting with the British Commissioner, at once evinced a friend.ly spirit and accompanied the mission to Lhasa. He subsequently showedhimself anxious on all occassions to draw closer the bonds which unitedhis State to the Government of India. In December 1904 the titularl)eb Raja Yanpe died: and, on the 8th January 1905 Nephiom YushiGnodup (Cholay Tulku) was appointed as his successor.

The Dharma Raja of Bhutan died in 1904, and the office then re-

mained in abeyance as his re-incarnation (that of the Shabdang Rim-poche) could not appear on earth for three years. Meanwhile the elected

Deb Raja became, in addition, the representative of the Shabdang Rim-poche as Dharma Raja: and Cholay Tulku thus combined in his ownperson the headship of the religious and secular governments of Bhutan.

This was the first instance of the same individual holding both digni-ties.

During the visit to India of His Majesty King George V, then Princeof Wales, in 1905-06, the Dharma-Deb Raja of Bhutan and the TongsaPenlop were invited to Calcutta. The Raja's religious duties precludeahim from accepting the invitation, and the Tongsa Penlop came as hisrepresentative. He was received by the Prince and by the Viceroy, both

of whom paid him a return visit. At the reception nazars were presented

by the Tongsa Penlop on behalf of the Raja and the Bhutan Council,as well as himself: and at the return visit paid by the Prince of Walesthe Penlop handed to His Royal Highness a letter* containing most

cordial expressions of loyalty to the King-Emperor and the Viceroy on])(,half of the Government of Bhutan.

The tralasfer, provisionally effected in 1903, of the political control of

Bhutan from the Government of Bengal to the Government of India,

* "Henceforth His Most Gracious Majesty the King-Emperor and His Excellencythe Viceroy are as the Sun and Moon and we, the minor Chiefs under the SupremeGovernment, as the Stars. As the Stars and Constellations never fail in loyallyattending on the Sun and Moon, so do we the entire Bhutanese nation resolve todo likewise to the Supreme Government, hoping that as the Sun and Moon arelike the parents of the whole world, we also will enjoy the blessings of their beneficialrays for ever and ever till the cessation of worldly existence. f, on behalf of thewhole Bhutan Darbar comprising the Raja and Ministers, beg to offer this with ourmost sincere and earnest prayers on this 16th day of the 11th month of the BhutiaWood-snake year (5th January 1906) ".

3UIJTAN.

was made permanent on the 1st April 1906, when a new political chargewas created comprising the States of Bhutan and Sikkim and such partsof Tibet as fell within the sphere of British influence.

11 1907 the new re-incarnation of the Shabdang Rimpoche duly ap-peared and, in the same year, the Deb Raja Cholay Tulku (died. TheTongsa Penlop, lUgyen Wanchuk, was elected'by the unanimous voteof the other Bhutan chiefs and principal monks as hereditary Maharajaof Bhutan. This brought to an end the ancient dual form of govern-ment 'by the Dharma and Deb Rajas; for, though there is still a titulhrDharma Raja, whose seal is necessary for Government. acts of primeimportance (e.g., the Treaty of 1910-No. IX), his duties are nowstrictly limited to the performance of spiritual functions.

The newly elected Maharaja did not at first wield complete power;since, as had been the case during the rule of his predecessors, several ofthe local chiefs remained practically independent. The most important ofthese were the Tongsa and Paro Penlops, the position and revenues ofthe former of whom were retained by the Maharaja: and when, sometime after his accession, the Paro Penlop died, the successor appointedwas Tsering Paljor, the son of the Maharaja's eldest daughter. Thusthe former unsatisfactory state of affairs was considerably improved.

In January 1910 the Maharaja entered into an Agreement (No. IX)by which Articles IV and VIII of the Sinchula Treaty of 1865 (No. VI)were revised: the annual allowance paid to the Government of Bhutanwas increased from fifty thousand rupees to one lakh, and the externalrelations of Bhutan were placed under the control of the British Govern-ment. Later in the same year the States of Bhutan and Sikkim cameto an arrangement for the mutual extradition of offenders: and on the21st November an extradition Treaty (No. X) was negotiated betweenBhutan and the Government of India, which had the effect of modi-fying Articles VI and VII of the Sinchula Treaty.

In June 1911 the Ruler of Bhutan was granted a permanent salute of15 guns. In December the Maharaja visited Delhi during the ImperialDarbar and tendered his homage to His Majesty the King-Emperor.

On the outbreak of the Great War the Maharaja placed the wholeresources of his State at the service of the British Government, and healso made a donation of Rs. 1,00,000 to the Indian War Relief Fund.

In 1917 the Bhutan Government undertook to remove all liquor shopswithin a ten mile zone on the border between Bhutan and the districtsof Jalpaiguri, Goalpara, Kamrup and Darrang: and, in return, weregranted an annual compensation of a lakh of rupees for five years. Thisarrangement was extended for a further term of five years on the 31stOctober 1924.

80 BRUTAN.

In 1923 the Maharaja made over to his eldest son, Jigme Wangchuk,who was then 18 years old, the title of Tongsa Penlop.

Maharaja Ugyen Wangehuk died in August 1926 and was succeededby Jigme Wangehuk.

The Maharaja has two agents in British India, the chief of whomresides at Kalimpong and the other at ]Buxa in the Jalpaiguri district.The former is at present Raja Sonam Tobgye Dorji, who holds the highoffice of Deb Zimpon and is Governor of the district of Ha adjoiningthe Chumbi valley.

No accurate information is available as to the population, area andrevenues of Bhutan. Roughly estimated the population is 300,000, thearea of the country 18,000 square miles, arid the yearly revenue Rs.4,00,000. Taxes are paid in kind and not in money.

BHUTAN-NO. 1-1774.

No. I.

ARTICLES of a TREATY Of PEACE between the HONORABLE EAST INDIA COM-

PANY and the DEB RAJAH or RAJAH of BHOOTAN,-1774.

!st.-That the Honorable Company, wholly from consideration for the distressto which the Bhootans represented themselves to be reduced, and from the desireof living in peace with their neighbours, will relinquish all the lands which belongedto the Deb Rajah before the commencement of the war with the Rajah of CoochBehar, namely, to the eastward, the lands of Chitchacotta and Pangola-haut,and to the westward, the lands of Kyruntee, Marragaut, and Luckypoor.

2nd.--.That for the possession of the Chitchacotta Province, the Deb Rajashall pay an annual tribute of five Tangun horses to the Honorable Companywhich was the acknowledgment paid to the Behar Rajah.

3rd.-That the Deb Rajah shall deliver up Dhujinder Narain, Rajah of CoochBehar, together with his brother the Dewan Deo, who is confined with him.

4th.-That the Bhootans, being merchants, shall have the same privilege oftrade as formerly, without the payment of duties, and their caravan shall be allowedto go to Rungpoor annually.

5th.-That the Deb Rajah shall never cause incursions to be made into thecountry, nor in any respect whatever molest the ryots that have come under theHonorable Company's subjection.

6th.-That if any ryot or inhabitant whatever shall desert from the Honor-able Company's territories, the Deb Rajah shall cause him to be delivered upimmediately upon application being made for him.

7th.-That in case the Bhootans, or any one under the government of theDeb Rajah, shall have any demands upon, or disputes with, any inhabitant ofthese or any part of the Company's territories,they shall prosecute them onlyby an application to the Magistrate, who shall reside here for the administrationof justice.

8th.-That whereas the Sunneeyasies are considered by the English as anenemy, the Deb Rajah shall not allow any body of them to take shelter in anypart of the districts now given up, nor permit them to enter the Honorable Coinpany's territories, or through any part of his, and if the Bhootans shall notof themselves be able to drive them out, they shall give information to the Resi-dent on the part of the English, in Cooch Behar, and they shall not consider theEnglish troops pursuing the Sunneeyasies into those districts any breach of thisTreaty.

9th.-That in case the Honorable Company shall have occasion for cuttingtimber from any part of the woods under the Hills, they shall do it duty free, andthe people they send shall be protected.

lOth.-That there shall be a mutual release of prisoners.

BHUTAN-NOS. 1-1774 AND 11-1844.

This Treaty to be signed by the Honorable President and Council of Bengal,etc., and the Honorable Company's seal to be affixed on the one part, and to be

signed and sealed by the Deb Rajah on the other part.

Signed and ratified at FortWilliam, the 25th April 1774.

WARREN HASTINGS.

WILLIAM ALDERSEY.

P. M. DACRES.

J. LAURELL.

HENRY GOODWIN.

J. GRAHAM.

GEORGE VANSITTART.

No. II.

AN AGREEMENT entered into by CHANGJOI SATRAJAH, SRENG SATRAJAH, CHEENG

DUNDOO SATRAJAH, of NAREGOON and TONG DABEE RAJAH, CHENG DUNDOO

BRAMEE, POONJAI BRAMEE, of TAKHAL TOOROoM, dated 24th Maug 1250B. S.,-1844.

It having been ordered by His Lordship the Governor-General in Council

that we should be allowed annually one-third of the whole of the proceeds ofKoreeahpara Dwar, viz., 5,000 Rupees, we voluntarily pledge ourselves to adhereto the following terms most strictly :-

1st.-We pledge ourselves to be satisfied, now and for ever, with the above-

mentioned sum of 5,000 Rupees, and relinquish all right over any proceeds thatmay accrue from the Dwar.

2nd.-In our traffic we pledge ourselves to confine our dealings to the establishedmarket places at Oodalgooree and Mungle Dye, and never interfere with the ryots,

neither will we allow any of our Booteahs to commit any acts of oppression.3rd.--We have relinquished all power in the Dwar, and can no longer levy

any rent from the ryots.4th.-We agree to apply to the British Courts at Mungle Dye for redress in

all our grievances in their Territories.5th.-Should we ever infringe any of the foregoing terms, we shall forfeit

our right to the above pension.FRANS JENKINS,

Agent, Governor-General.

BHUTAN-NO. 111-1864.

No. III.

KHUREETA to His HIGHNESS the DEB RAJAH-(dated Simla, the 9th June1864).

You are well aware that for many years past wanton outrages have beencommitted by your subjects within the territories of the British Governmentand within the territories of the Rajahs of Sikkim and Cooch Behar, who areunder British protection. Men, women, and children have been kidnapped andsold into slavery; some have been put to death; others have been cruellywounded; and much valuable property has been carried off or destroyed. Theseoutrages, it is well known, are not the act of individual criminals, who set thelaws of Bhootan at defiance ; they are perpetrated with the knowledge and atthe instigation of some of the leading Chiefs of Bhootan. Over a period of thirty-six years these aggressions have extended. Many remonstrances have been invain addressed to the Bhootan Government, and the British Government hasbeen compelled, in its own defence and the defence of its protected and subordi-nate allies, to have recourse to measures of retribution. In 1828 and 1836 theBritish Government were most reluctantly forced to occupy the Booree Goomaand the Banska Dooars, but these districts were subsequently restored to theBhootan Government in the hope that the Bhootan Government would fulfilthe offices of friendship towards their neighbour by restraining their subjectsfrom the commission of such aggressions for the future.

This hope proved illusory, and after the British Government had in vainendeavoured to secure a better understanding with the Bhootan Governmentby means of a friendly mission, it became necessary in 1841 to annex perma-nently to the British dominions the seven* Assam Dooars, a measure which,it was believed, would convince the Bhootan Government that British territorycannot with impunity be persistently and wantonly violated. Nevertheless, theBritish Government, willing to believe in the friendship of your Government, andcareful only to secure an undisturbed frontier and to live at peace with the peopleof Bhootan, paid to your Government annually a sum of Rupees 10,000 fromthe revenues of these Dooars.

But even this moderation on the part of the British Government, this signof its anxiety above all things for peace, was misunderstood. Outrages did notcease. Precautions had to be taken for the defence of the British frontier, andnot only the Deb and Dhurma Rajahs, but the local Governors on the frontierparticularly the Tongso Pillo, had to be distinctly warned that unless these insultsto the British Government were put a stop to the British Government wouldhave no alternative but to resort to further measures of retribution.

*Ghurkola. Chappakhamar.Banska.J Bijnee.Chappo Goonee. Booree Gooma.

Kulling.

BHUTAN-NO. 111-1864.

These warnings were ineffectual ; it is unnecessary to repeat the numerous

acts of aggression to which the British Government patiently submitted, and

the further rernonstrances which were addressed to your Government before they

('arried their threats into execution by the stoppage of the rent of Rupees 2,000

a year for the Ambaree Fallacotiah, which the British Government held in farm.

Of the reasons which forced the British Government to this measure, your Gov-

ernment were duly informed, and you were warned that the rents of Atiibaree

Fallacottah would not be paid until full reparation should be made, captives

released, and the guilty parties punished. These measures also proved ineffectual,

and as the British Government were unwilling to be committed to a course of

retributive coercion, it was determined to make one effort more by peaceful nego-

tiation and the despatch of a friendly mission to explain fully the demands of the

British Government and to put the relations of the two Governments on a satis-

factory footing. Of this intention the Bhootan Government were informed in

1862 by a special messenger, who carried letters to the Deb and Dhurnma Rajahs

and by more recent letters addressed to you by the Honorable the Lieutenant

Governor of Bengal. The mission, under the conduct of the Honorable Ashley

Eden, a high functionary of the British Government, and my Envoy and pleni-

potentiary, reached your Court at Poonakha on 13th March 1864. Mr. Eden

was the bearer of a Draft Treaty which he was instructed to negotiate with you.

The terms of that Treaty were so just and reasonable, and so favourable to the

best interests of both Governments, that I did not anticipate its rejection, more

especially as Mr. Eden had full discretion to modify any of the details not incon-

sistent with the principles of the Treaty to meet the wishes of the Bhootan Gov-

ernment. It was, of course, optional with you to accept or reject this Treaty

in whole or in part, and had you received my Envoy in the manner suited to his

rank as my representative, and as by the usages of nations he ought to have been

receive l, but declared your inability to accede to the demands of the British

Government, this rejection of my proposals, however much To be regretted as

forcing the British Government to coercive measures for the protection of the

persons and property of its subjects, would not in itself have been an offence.

But you are aware that not only have the just demands of the British Gov-

ernment been refused, but they have been refused in a manner disgraceful to

yourself and to your Durbar and insulting to the British Government. Not

only has the Envoy deputed to your Court not been received with the dignity

due to his rank; he has not even received that protection from personal insult and

violence which is extended to an Envoy by the laws of all nations save the most

barbarous. By the Tongso Pillo and his coadjutors in Council the letter addressed

to you on the part of the British Government has been treated with

contumely; my Envoy was publicly insulted and derided in your own presence,

and has been compelled under threats of personal violence to sign an engage-

ment agreeing to restore the Assam Dooars.

This engagement I entirely repudiate, not only because it was beyond Mr.

Eden's instructions to agree to any such terms, but because the Engagement was

BHUTAN-NOS. III AND IV-1861.

extorted from him by personal violence and threats of iml)risonment. The treat-ment to which the mission which was deputed to your Court to remove all causesof dispute by peaceful negotiation was subjected, has been so disgraceful thatthe British Government cannot allow the Government of Bhootan to go un-punished.

I am aware that your authority has been usurped by the Tongso Pillo andother Chiefs, but it cannot be permitted that, for the insubordination of yourchiefs, and the internal distractions which weaken the Government of Bhootanthe subjects of the British Government should suffer and the Envoy of the BritishGovernment should be insulted and maltreated.

I therefore inform you that the district of Ambaree Fallacottah, heretoforeheld in rent from the Bhootan Government, is permanently annexed to the Britishdominions, and that all payments of rent from that district and of revenues fromthe Assam Dooars to the Bhootan Government have ceased for ever. You havebeen informed both in writing and by my Enyoy that all British subjects of CoochBehar and Sikkim, of whom there are said to be more than three hundred, whoare now held captive by your Chiefs and in your monasteries, or are detained inBbootan against their will, must be released, and that the property which hasbeen carried off from British territory, or Cooch Behar, or Sikkim within the lastfive years, must be restored. I now warn you that, unless these demands arefully complied with by the 1st day of September next, that is, three months fromthis date, I shall take such further measures to enforce these demands as mayseem to me to be necessary.

JoHN LAWRENCE.

The same to the Dharma Rajah.

No. IV.

PROCLAMATION,-1864.

For many years past outrages have been committed by subjects of the BhootanGovernment within British territory, and in the territories of the Rajahs ofSikkim and Cooch Behar. In these outrages property has been plundered anddestroyed, lives have been taken, and many innocent persons have been carriedinto and are still held in captivity.

The British Government, ever sincerely desirous of maintaining friendly rela-tions with neighbouring States, and specially mindful of the obligations imposedon it by the treaty of 1774, has endeavoured from time to time by conciliatoryremonstrance to induce the Government of Bhootan to punish the perpetratorsof these crimes, to restore the plundered property, and to liberate the captives.But such remonstrances have never been successful, and, even when followed: by

BIIUTAN-NO. IV-1864.

serious warning, have failed to produce any satisfactory result. The BritishGovernment has been frequently deceived by vague assurances and promises

for the future, but no property has ever been restored, no captive liberated, no

offender punished, and the outrages have continued.

In 1863 the Government of India, being averse to the adoption of extreme

measures for the protection of its subjects and dependent allies, despatched a

special mission to the Bhootan Court, charged with proposals of a conciliatory

character, but instructed to demand the surrender of all captives, the resto-

ration of plundered property, and security for the future peace of the frontier.

This pacific overture was insolently rejected by the Government of Bhootan.

Not only were restitution for the past and security for the future refused, but

the British Envoy was insulted in open Durbar, and compelled, as the only meansof ensuring the safe return of the mission, to sign a document which the Govern-

ment of India could only instantly repudiate.

For this insult the Governor-General in Council determined to withhold for

ever the annual payments previously made to the Bhootan Government on account

of the revenues of the Assam Doars and Ambaree Fallacottah, which had long

been in the occupation of the British Government, and annexed th-)se districts

permanently to British territory. At the same time, still anxious to avoid an

open rupture, the Governor-General in Council addressed a letter to the Deb and

Dhurma Rajahs, formerly demanding that all captives detained in Bhootan

against their will should be released, and that all property carried off during thelast five years should be restored.

To this demand the Government of Bhootan has returned an evasive reply,

from which can be gathered no hope that the just requisitions of the Governmentof India will ever be complied with, or that the security of the frontier can be

provided for otherwise than by depriving the Government of Bhootan and its

subjects of the means and opportunity of future aggression.

The Governor-General in Council has therefore reluctantly resolved to occupy

permanently and annex to British territory the Bengal Doars of Bhootan, and

so much of the Hill territory, including the Forts of Dallingkot, Panakha and

Dewangiri, as may be necessary to command the passes, and to prevent hostile

or predatory incursions of Bhootanese into the Darjeeling districts or into the

plains below. A Military Force amply sufficient to occupy this tract and to over-

come all resistance has been assembled on the frontier, and will now proceed to

carry out this resolve.All Chiefs, Zamindars, Munduls, Ryots, and other inhabitants of the tract

in question are hereby required to submit to the authority of the British Govern-

ment, to remain quietly in their homes, and to render assistance to the British

troops and to the Commissioner who is charged with the administration of the

tract. Protection of life and property and a guarantee of all private rights is

offered to those who do not resist, and strict justice will be done to all. The lands

will be moderately assessed, and all oppression and extortion will be absolutely

prohibited.

BHUTAN-NOS. IM -1864 AND V-1865-

The future boundary between the territories of the Queen of England and

those of Bhootan will be surveyed and m trked off, and the authority of the Govern-

ment of Bhootan within this boundary will cease for ever.

By order of the Governor-General in Council.

FORT WILLIAM, IL M. DURAND, Colonel,

The 12th November 1864. Secy. to the Government o India.

No. V.

AGREEMENT entered into by HIGH OFFICERS of the BHOOTAN C OVERNMENT for

the surrender of the two Guns,-1865.

We, Samdojey Deb Jempy and Themseyrensey Donai, the two high officers

of the Bhootan Court, will go back to the Deb Rajah and fully explain ,o His

Highness about the two guns which fell into the hands of the Bhootea troops on

the evacuation of Dewangiree, and obtain His Highness's consent to go to Tongso

about them. If we succeed in getting back the guns by bringing Tongso Penlow

to terms, we will either bring the guns back and restore them at Sinchula, or else

cause them to be handed over to the British officers at Dewangiree; but if we

should unfortunately be unsuccessful, one of us will come down to the Representa-

tive of the British Government for assistance, and, in the meantime, we agree

to explain to His Highness the Deb Rajah that no money payment can be expected

under the 4th Article of the Treaty. We further agree that no money payment

under the Treaty shall be due to the Bhootan Government in the event of Mr.

Eden and Cheeboo Lama declaring that a second copy of the Treaty extorted

from them was left by them in Bhootan, until such time as the said second copy

shall be found and surrendered to the Representative of the British Government,

and we fully understand and acknowledge that, until the two * British guns are

restored, no money payment under the Treaty will be due to the Bhootan Gov-

ernment.

Done this 10th day of November 1865, corresponding with 23rd-9th month,

Bhootea year Shim Lung, or one day previous to the date fixed for the formal

signature of the Treaty in Public Darbar at Sinchula.

SAMDOJEY DEB JIMPEY.

THEMSEYRENSEY DONAL

They were eventually surrendered on 25th February 1866.

BHJTAN-NO. VI-1865.

No. VI.

TREATY between His EXCELLENCY the RIGHT HONORABLE SIR JOHN LAWRENCE,G.C.B., K.C.S.I., VICEROY and GOVERNOR-GENERAL of HER BRITANNICMAJESTY'S POSSESSIONS in the EAST INDIES, and THEIR HIGHNESSES the

DHURm and DEB RAJAUS of BHOOTAN concluded on the one part by LIEurE-NANT-COLONEL HERBERT BRUCE, C.B., by virtue of full powers to thateffect vested in him by the VICEROY and GOVERNOR-GENERAL, and on theother part by SAMDOJEY DEB JIMPEY and THEMSEYRENSEY DONAI accord-ing to full powers conferred on them by the DRURM and DEB RAJAHS,--

1865.

ARTICLE 1.

There shall henceforth be perpetual peace and friendship between the BritishGovernment and the Government of Bhootan,

ARTICLE 2.

Whereas in consequence of repeated aggressions of the Bhootan Governmentand of the refusal of that Government to afford satisfaction for those aggressions,and of their insulting treatment of the officers sent by His Excellency the Gov-ernor-General in Council for the purpose of procuring an amicable adjustmentof differences existing between the two States, the British Government has beencompelled to seize by an armed force the whole of the Doars and certain HillPosts protecting the passes into Bhootan and whereas the Bhootan Governmenthas now expressed its regret for past misconduct and a desire for the establish-ment of friendly relations with the British Government, it is hereby agreed thatthe whole of the tract known as the Eighteen Doars, bordering on the Districtsof Rungpoor, Cooch Behar, and Assam, together with the Talook of AmbareeFallacottah and the Hill territory on the left bank of the Teesta up to such pointsas may be laid down by the British Commissioner appointed for the purpose i$ceded by the Bhootan Government to the British Government for ever,

ARTICLE 3.

The Bhootan Government hereby agree to surrender all British subjects aswell as subjects of the Chiefs of Sikkim and Cooch Behar who are now detainedin Bhootan against their will, and to place no impediment in the way of the returnof all or any of such persons into British territory.

ARTICLE 4.

In consideration of the cession by the Bhootan Government of the territoriesspecified in Article 2 of this Treaty, and of the said Government having expressedits regret for past misconduct, and having hereby engaged for the future to restrainall evil-disposed persons from committing crimes within British territory or theterritories of the Rajahs of Sikkim and Cooch Behar and to give prompt and full

BHUTAN-NO. VI-1865.

redress for all such crimes which may be committed in defiance of their commands,

the British Government agree to make an annual allowance to the Government

of Bhootan of a sum not exceeding fifty thousand rupees (Rupees 50,000) to be

paid to officers not below the rank of Jungpen, who shall be deputed by the Gov-

ernment of Bhootan to receive the same. And it is further hereby agreed that

the payments shall be made as specified below:-

On the fulfilment by the Bhootan Government of the conditions of this Treaty

twenty-five thousand rupees (Rupees 25,000).

On the 10th January following the 1st payment, thirty-five thousand rupees

(Rupees 35,000).On the 10th January following forty-five thousand rupees (Rupees 45,000).

On every succeeding 10th January fifty thousand rupees (Rupees 50,000).

ARTICLE 5.

The British Government will hold itself at liberty at any time to suspend the

payment of this compensation money either in whole or in part in the event of

misconduct on the part of the Bhootan Government or its failure to check the

aggression of its subjects or to comply with the provisions of this Treaty.

ARTICLE 6.

The British Government hereby agree, on demand being duly made in

writing by the Bhootan Government, to surrender, under the provisions of

Act VII of 1854, of which a copy shall be furnished to the Bhootan Government,

all Bhootanese subjects accused of any of the following crimes who may take

refuge in British dominions. The crimes are murder, attempting to murder,

rape, kidnapping, great personal violence, maiming, dacoity, thuggee, robbery,

burglary, knowingly receiving property obtained by dacoity, robbery or burg-

lary, cattle stealing, breaking and entering a dwelling-house and stealing therein,

arson, setting fire to village, house, or town, forgery or uttering forged documents,

counterfeiting current coin, knowingly uttering base or counterfeit coin, perjury,

subornation of perjury, embezzlement by public officers or other persons, and

being an accessory to any of the above offences.

ARTICLE 7.

The Bhootan Government hereby agree, on requisition being duly made by

or by the authority of, the Lieutenant-Governor of Bengal, to surrender any

British subjects accused of any of the crimes specified in the above Article who

may take refuge in the territory under the jurisdiction of the Bhootan Govern-

ment, and also any Bhootanese subjects who, after committing any of the above

crimes in British territory, shall flee into Bhootan, on such evidence of their

guilt being produced as shall satisfy the Local Court of the district in which the

offence-may have been committed,

BHUTAN-NO. VI-1865.

ARTICLE 8.

The Bhootan Government hereby agree to refer to the arbitration of the BritishGovernment all disputes with, or causes of complaint against, the Rajahs of Sikkimand Cooch Behar, and to abide by the decision of the British Government; andthe British Government hereby engage to enquire into and settle all such disputesand complaints in such manner as justice may require, and to insist on the obser-vance of the decision by the Rajahs of Sikkim and Cooch Behar.

ARTICLE 9.

There shall be free trade and commerce between the two Governments. Noditties shall be levied on Bhootanese goods imported into British territories norshall the Bhootan Government levy any duties on British goods imported into,or transported through, the Bhootan territories. Bhootanese subjects residing inBritish territories shall have equal justice with British subjects, and Britishsubject residing in Bhootan shall have equal justice with the subjects of theBhootan Government.

ARTICLE 10.

The present Treaty of ten Articles having been concluded at Sinchula on thel1th day of November 1865, corresponding with the Bhootea year Shim Lung

24th day of the 9th month, and signed and sealed by Lieutenant-Colonel HerbertBrfice, C.B., and Samdojey Deb Jimpey and Themseyrensey Donai, the ratifica-tions of the same by His Excellency the Viceroy and Governor-General or HisExcellency the Viceroy and Governor-General in Council and by Their High-nesses the Dhurm and Deb Rajahs shall be mutually delivered within thirty daysfrom this date.

H1. BRUCE, Lieut.-Col.,

Chief Civil and Political Officer.

In Dabe Nagri.

In Bhootea language.

This Treat, wvi ratified on the 29th November t865 in Calcutta by me.

JOHN LAWRENCE,

25th January 1866. Governor-General.

BHUTAN-NOS. VII-1866 AND VIII-1904.

No. VII.

PROCLAMATIoN,-1866.

Whereas in the Proclamation issued on the 12th November 1864, His Excel-tency the Viceroy and Governor-General in Council announced his resolutionof occupying permanently and annexing to British territory the Bengal Doars ofBhootan and so much of the Hill territory, including the forts of Dalimkote andDiwangiree, as might be necessary to command the passes and to prevent hostileor predatory incursions of Bhootanese into the Darjeeling district, or into theplains below;

And whereas, in pursuance of that resolution, the British Government, underArticle 2 of a Treaty concluded on the l1th day of November 1865, has obtainedfrom the Government of Bhootan for ever the cession of the whole of the traatknown as the Eighteen Doars bordering on the districts of Rungpoor, Cooch Behar,and Assam, together with the Talook of Ambaree Fallacottah and the Hill terri-tory on the left bank of the Teesta, up to such point as may be laid down by theBritish Commissioner appointed for the purpose;

It is hereby declared that the territory ceded by the Bhootan Governmentas aforesaid is annexed to the territories of Her Most Gracious Majesty the Queenof -England.

It is further declared that the ceded territory is attached to the Bengal Divi-sion of the Presidency of Fort William, and that it will accordingly be under theimmediate control of the Lieutenant-Governor of Bengal, but that it shall notbe subjected to the general regulations.

By order of the Governor-General in Council.

SIMLA; W. MUIR,

The 4th July 1866. Secy. to the Government o/ India.

No. VIII.

TRANSLATION of a PERMIT granted for the CONSTRUCTION of a ROAD in. BROOTAN

by the DHARMA RAJA, dated the l1th day of the 1st month (correspondingto the 27th February 1904).

At the present time, when there is a small dispute between the English andthe Tibetans, the English Saheb, Colonel Younghusband, British Commissioner,having arrived at Phari, and as the English and Bhootanese have been sincerefriends from the beginning up to the present time, like a silk scarf without a spot,the Saheb friends have asked to be allowed to open a travellers' road, in. the landsof raro Ringpung, namely, in one or other of Sangbe, Ammo-chhu, and De-chhu,

BHUTAN-NOS. VIII-1904 AND IX-1910.

This permit is therefore granted for opening a travellers' road in one or other ofthe above noted places. No work shall be done likely to cause injury to the landadjoining the travellers' road on the right and left. Moreover, with regard tomAaking halting places, except the making of houses for the Sahebs themselvesto remain in, no other injury of any sort is to be made. Moreover, the rent forthe clearing and opening of the road will be settled by meeting and discussion

*Lit., "high land and low laud between the Bhootanese * and Englishofficials." Officials from time to time.

Therefore the present order is given by the Bhootan Dharma Raja Desi.Dated the 11th of the 1st month of the wood dragon year (corresponds to the27th February 1904).

E. H. WALSH.The 6th March 1904.

No. IX.

TREATY between His EXCELLENCY the RIGHT HONOURABLE SIR GILBERT JOHNELLIOT-MURRAY-KYNYNMOUND, P.C., G.M.S.I., G.M.I.E. G.C.M.G., EARLof MINTO, VICEROY and GOVERNOR-GENERAL of INDIA in COUNCIL andHIs HIGHNESS SIR UGYEN WANGCRUK, K.C.I.E., MAHARAJA of BHUTAN,

-1910.

Whereas it is desirable to amend Articles IV and VIII of the Treaty concludedat Sinchula on the 11th day of November 1865, corresponding with the Bhooteayear Shing Lang, 24th day of the 9th month, between the British Governmentand the Government of Bhutan, the undermentioned amendments are agreedto on the one part by Mr. C. A. Bell, Political Officer in Sikkim, in virtue of fullpowers to that effect vested in him by the Right Honourable Sir Gilbert JohnElliot-Murray-Kynynmound, P.C., G.M.S.I., G.M.I.E., G.C.M.G., Earl of Minto,Viceroy and Governor-General of India in Council, and on the other part by HisHighness Sir Ugyen Wangchuk, K.C.I.E., Maharaja of Bhutan.

The following addition has been made to Article IV of the Sinchtila Treatyof 1865.

" The British Government has increased the annual allowance to the Govern-ment of Bhutan from fifty thousand rupees (Rs. 50,000) to one hundred thousandrupees (Rs. 1,00,000) with effect from the 10th January 1910.'"

Article VIII of the Sinchula Treaty of 1865 has been revised and the revisedArticle runs as follows ;

"The British Government undertakes to exercise no interference in the internaladministration of Bhutan. On its part, the Bhutanese Government agrees tobe guided by the advice of the British Government in regard to its external rela-tions. In the event of disputes with or causes of complaint against the Maha-

BHUTAN-NO. IX-910.

rajas of Sikldm and Cooch Behar, such matters will be referred for arbitration

to the British Government which will settle them in such manner as justice mayrequire, and insist upon the observance of its decisions by the Maharajas named."

Done in quadruplicate at Punaka, Bhutan, this eighth day of January in theyear of our Lord one thousand nine hundred and ten, corresponding with theBhutia date, the 27th day of the 11th month of the Earth-Bird (Sa-ja) year.

C. A. BELL, Seal of Dharma Raja.

Political Officer Seal of Politicalin Sikkim. Officer in Sikkim. Seal of His Highness the

Maharaja of Bhulan.8th January 1910.

Seal of Tatsang Lamas.

Seal of Tongsa Penlop.

Seal of Paro Penlop.

Seal of Zhung Dronyer.

Seal of Timbu Jongpeu.

Seal of Punaka Jongpen.

Seal of Wangdu PotangJongpen.

Seal of Taka Penlop.

Seal of Deb Zimpon.

MINTO,

Viceroy and Governor-General ol India.

This treaty was ratified by the Viceroy and Governor-General of India in

Council at Fort William, on the twenty-fourth day of March A. D., one thousand

nine hundred and ten.

S. H. BUTLER,

Secretary to the Governmento/ India, Foreign Department.

BHUTAN-NO. X-1910.

No. X.

TREATY betwNeen His EXCELLENCY the RIGHT HONOURABLE SIR GILBER' JOHN

ELLIOT-MURRAY-KYNYNMOUND, P.C., G.M.S.I., G.M.I.E., G.C.M.G., Earl ofMINTO, VICEROY and GOVERNOR-GENERAL of INDIA and His HIGHNESSSIR UGYEN WANGCHUK, K.C.I.E., MAHARAJA of BHUTAN, concluded on theone part by Mr. C. A. BELL, by virtue of full powers to that effect vestedin him by the VICEROY and GOVERNOR-GENERAL, and on the other partby RAI UGYEN DOZIE BAHADUR, I)EB ZIMPEN in virtue of full powersgranted to him by the MAHARAJA of BHUTAN-1910.

Whereas the Government of Bhutan have applied to the Government ofIndia for a simpler form of procedure for the mutual surrender of criminals thanthat at present in force, Mr. C. A. Bell, Political Officer in Sikkim, in virtue offull powers vested in him by the Right Hoin'ble Sir Gilbert John Elliot-Murray-Krynynmound, P.C., G.M.S.I., G.M.I.E., G.C.M.G., Earl of Minto, Viceroy andGovernor-General of India, and Rai Ugyen Dorzie Bahadur, Deb Zimpen, invirtue of full powers granted to him by His Highness Sir Ugyen Wangehuk,K.C.I.E., Maharaja of Bhutan, hereby agree as follows

(1) The British Government shall, on demand being duly made in writingby the Bhutan Government, take proceedings in accordance with the provisionsof the Indian Extradition Act, 1903 (of which a copy shall be furnished to theBhutan Government), for the surrender of all Bhutanese subjects accused of anyof the crimes specified in the first schedule of the said Act who may take refugein British territory.

(2) The Bhutan Government shall, on requisition being duly made by theGovernment of India, or by any officer authorised by the Government of Indiain this behalf, surrender any British subjects, or subjects of a foreign Power,,Yhose extradition may be required in pursuance of any agreement or arrange-mnents made by the British Government with the said Power, accused of any ofthe crimes specified in the first schedule of Act XV of 1903, who may take refugein the territory under the jurisdiction of the Bhutan Government, and also anyBhutanese subjects who, after committing any of the crimes referred to in Britishterritory, shall flee into Bhutan, on such evidence of their guilt being producedas shall satisfy the local court of the district in which the offence may have beencommitted.

Done in quadruplicate at Kalimpong this twenty-first day of November inthe year of our Lord one thousand nine hundred and ten, corresponding withthe Bhutia date the twentieth day of the second ninth month of the Iron-dogyear.

C. A. BELL,Political Officer in Seal of Political Offlcer Seal of Deb Zimpen,

Sikkim. in Sikkim.

HARDINGIt of PENSHURST,

Viceroy and Governor-General o/ India,

BHUTAN-NO. X-1910. 95

This treaty was ratified by the Viceroy and Governor-General of India in

Council at Fort William on the thirteenth day of December, A.D. one thousand

nine hundred and ten.

J. B. WooD,

Secretary to the Govt. of India,

Foreign Department.

PART V.


Siam.

T HE diplomatic relations of the British Government with Siam maybe said to have commenced with Mr. John Crawfurd's mission in

1821 the chief object of which was to procure an unrestricted trade withSiam, but his negotiations were unsuccessful.

In 1826 a Treaty (No. I) was negotiated by Captain Burney,chiefly with the view of preventing the Siamese from co-operating withthe Burmese during the first Burmese war in which the British Govern-ment was then engaged, and of providing for the peace of the MalayanPeninsula then disturbed in consequence of the occupation of Kedah bythe Siamese. Besides the above Treaty, Captain Burney effected a Com.mercial Agreement (No. II) with Siam. The provisions of this en-gagement were systematically violated by the Siamese and, as the 6tharticle placed British subjects under Siamese laws, its abrogation was indispensable.

The dependencies of Siam in the Malayan Peninsula were Kedah,Ligor, Trenggannu, Kelantan, Patani and Junkceylon or Puket. In1831, after the Raja of Ligor had defeated the ex-Raja of Kedah in anattempt to recover his country, the Resident of Penang visited him atKedah and concluded an Engagement (No. III) regarding the boundariesof Province Wellesley, in conformity with the 3rd Article of the treaty ofBangkok.

In 1850 Sir James Brooke was deputed to Siam armed with plenipo-tentiary powers from Her Majesty Queen Victoria, but his efforts to con-clude a satisfactory treaty were unsuccessful. Five years later, however,a Treaty (No. IV) of friendship and commerce between Her Majestyand the Kings of Siam was negotiated by Sir John Bowring. In 1856Mr. Parkes conveyed to Siam the ratification of the treaty by the Queen,when an Agreement (No. V) was made with Siamese commissioners togive effect to the treaty and to define its intentions.

( 97 )

SIAM.

In 1864 a boundary commission was appointed and satisfactoryarrangements were made for the boundary at the Isthmus of Krawand the sea-ward line from the mouth of the Pakchan to Junkceylon.The boundary northward from Kraw was demarcated in 1867 by a separatecommission, and a Convention (No. VI) was signed on the 8th February1868, defining the boundary in its entire length.

King !Phrabat Somdetch iPhra Choi Klow died on the 1st October1868, after a reign of seventeen and a half years, and was succeeded byhis eldest son, Chow Fa Chula Longkorn, a minor.

The western portion of Siam, bordering on the Salween river and separ-ated by it from eastern Karenni, is occupied by the Chiengmai orZimme Shans, whose Chief is tributary to Siam. Disputes regardingthe valuable forests situated on the eastern bank of the Salween led tohostilities between the Karens and the Shans, and numerous bands ofdakaits traversed the country committing outrages on British tradersand their property. To remedy this state of things a special officer wasplaced in charge of the Salween tracts, and advantage was taken of thevisit of His Majesty the King of Siam to Calcutta in 1872 to discuss themeasures necessary for the encouragement of trade and the repression ofdakalti on the Salween frontier. These discussions resulted in the de-putation towards the end of 1873 of a Siamese Embassy to Calcutta, andon the 14th January 1874 a Treaty (No. VII), which came into forceon the 1st January 1875, was signed, having for its objects the promo-tion of commercial intercourse with the province of Chiengmai and therepression of heinous crime. The Siamese Government agreed to postguards along the eastern bank of the Salween, to maintain a sufficientpolice force, and to appoint judges in Chiengmai for the purpose of set-tling civil disputes between British and Siamese subjects.

Under the terms of the treaty of 1855 and the supplementary agree-inent of 1856, the British Consul at Bangkok alone could try civil and cri-minal cases in which either both parties or the defendant were British sub-jects ind the cause of action arose in Siamese territory. The distanceseparating Bangkok from Chiengmai, and the limited powers possessedby the British Consul at Bangkok, caused very great inconvenience inthe disposal of cases arising in Chiengmai. The consent of the SiameseGovernnment was obtained to the appointment of the Superintendent ofthe Yunzalin distict, in British Burma, to exercise all the powers thatmay be exercised by the Consul at Bangkok under the 2nd article of thetreaty of 18,5 and the 2nd article of the supplementary agreement of1856. By virtue of this consent he was appointed to exercise, for theterritories of the King of Siam, all the powers of a political agent underAct XI of 1872.

SIAM.

The treaty of 1874 did not work satisfactorily as, in spite of the goodwill shewn by the Siamese Government, it was found that, in the absenceof any English officer, British subjects at times suffered unfriendly usageat the hands of the local authorities at Zimme. In these circumstancesMajor C. W.,Street, of the British Burma Commission, was deputed in1879 on a mission to Zimme, for the purpose of enquiring into certainspecific cases in which British subjects were concerned, and into thegeneral question of establishing a British Agency at Zimme. After pro-tracted discussion a Treaty (No. VIII), supplementary to the treaty of1855, was signed at Bangkok on the 3rd September 1883. By this agree-memt, which related only to the territories of Chiengmai, Lakon andLampunchi, the treaty of 1874 was abrogated and provision was madefor the appointment of a British Consul or Vice-Consul at Zimme. TheConsul or Vice-Consul has judicial powers in respect of cases in whichBritish subjects are defendants or accused: and in all such cases triedby the local judges appeal may be made to Bangkok. The treaty alsocontained provisions concerning the issue of passports to British andSiamese subjects travelling in Siamese or British territory respectively,concerning the extradition of offenders, and concerning the working offorests in the territories of the Prince of Chiengmai. Mr. E. B.Gould, the first British Vice-Consul, arrived at Zimme in April 1884.In 1885 the Siamese Government agreed to the Provinces of Nan andPhre being included in the meaning of the words " Chiengmai, Lakon andLampunchi " mentioned in the treaty of 1883, and to a similar ex-tension of meaning being given to those words as occurring in the com-mission of the Vice-Consul appointed according to that treaty. TheSiamese Government also requested that the words " Muang Nan andMuang Phre " should be inserted in the commission of any Vice-Consulwho might thereafter be appointed in order that His Siamese Majesty'sExequatur might be issued in accordance with the usual practice. TheSiamese Government similarly in 1896, at the request of the British Gov-ernment, agreed to the additional provinces of Thon, Kaheng, Sawanka-loke, Sukotai, Utaradit and Pichai falling within fhe scope of the treatyof 1883, in the same way as the Provinces of Phre and Nan,

In 1885 and 1887 the King of Siam issued Royal Decrees,* to facili-tate the working of the courts established tunder the treaty and for otherpurposes.

In May 1887 a Notification (No. IX) was issued publishing corre-spondence between the British and Siamese Ministers embodying anagreement, known as the Devawongse-Satow Agreement of 1887, withthe Siamese Government under which no duties were levied on goodsexported from the Raheng district into Burma and vice versd.

See Appendix No. I.

After the annexation of upper Burma a question arose as to theownership of the four small trans-Sailween States of Mong Tun, MongHang, Mong Kvawt, and Mong ilta, which were claimed both by theChief of Chiengmai and by the Sawbwa of Mong Pan, and also in regardtc Mong Hsat, which was claimed by Siam and Keng Tung. At the endof 1887 Mr. A. H. Hildebrand, Superintendent, Southern Shan States,was directed to make a local enquiry in conjunction with commissionersappointed by the Siamese Government. As a result the four first namedStates were declared to be a portion of the Shan States tributary to HerMajesty the Queen-Empress, and tbey were replaced under the Mong PanSawbwa with effect from the 15th November 1888. The State of MongHsat was found to be actually under the management of Keng Tung,and was also declared under British protection.

In September 1887 the Chief Commissioner of Burma reportedSiamese aggression in trans-Salween Karenni. In 1888, when his attackon the Shan State of Mawkmai forced the British Government to punishSawlapaw, the Chief of Eastern Karenni, Siam was invited to co-operatewith a view to preventing his escape; and the acceptance of this sugges-tion was followed by their occupation of trans-Salween Karenni. Thisaction led to long correspondence, and it was not till October 1892 thatthe Siamese consented to evacuate this tract and measures were taken forits restoration to Sawlawi, the Chief whom the British Government hadrecognised as Myoza of Karenni in succession to Sawlapaw deposed. In1889 the Siamese Government proposed the appointment of a joint com-mission to settle claims to sovereignty over certain districts on the eastbanik of the Salween. Various difficulties, however, arose, and the Britishcommissioners were compelled to take up the investigation alone. Work

was commenced in Karenni, and the boundarv of the trans-Salween tractand of the small States previously in dispute was provisionally laid down.In 1889-90 the demarcation was continued, and on this occasion repre-sentatives of both Siam and Keng Tung rendered assistance. A line offrontier extending as far as the Mekong was traced, and the whole of thisborder was accepted in 1892 by Siam. The final delineation of theboundary by a joint commission in the open season of 1892-93 wasarranged for. The Anglo-Siamese commissioners met at Mong Hang andthe work of demarcation was begun in January 1893. On the 17th Octo-ber 1894 the King of Siam and Her Britannic Majesty's Minister ex-changed maps in three sheets signed and sealed, showing the boundaryline as finally agreed upon between the two countries.

In .Tune 1892 the Government of Burma reported certain encroach-ments made by the Siamese authorities on British territory in the Amherstdistrict of the Tenasserim division of lower Burma. The report was com-municated to the British Minister, who represented the matter to the

100 SIAM.

SIAM.

Siamese Government. The Siamese Government called for a report fromtheir officials, and at the same time assured the British Minister that theywould strictly adhere to the stipulations of the treaty concluded in 1868.The Government of Burma subsequently submitted a detailed report show-ing the encroachments made by the Siamese. This was communicated tothe British Minister, who was requested to invite the Siamese Govern-ment to depute responsible officials to demarcate the boundtry in conjunc-tion with a British official. The Siamese Government accepted the pro-posals, and a joint demarcation was made. The Siamese Government,while acknowledging the correctness of the demarcation, stated that byfollowing it they would lose some 460 square miles of territory, whichbefore and after the agreement of 1868 was really administered by them,and on which their subjects had settled; and they suggested that it wouldbe worthy of the spirit of justice and equity of the British Governmentto consent to a revision of the agreement of 1868. The Government ofIndia, however, held that the line demarcated should be adhered to; that

the boundary should be marked by permanent and conspicuous pillars;and that the Siamese Government should be informed accordingly.

On the 15th January 1896 Great Britain and France signed an Agree-ment (No. X) with regard to Siam and the Upper Mekong.

In 1896 the British Government approached the Siamese Governmentwith a view to making a convention for the purpose of protecting thewestern portion of Siam against foreign interference. The British Minis-ter on the 31st May 1896 presented the Siamese Minister with a draftconvention and a verbal note explaining the object of the proposal, whichwas to the effect that the Anglo-French Agreement of the 15th January1896 provided for the safety of the guaranteed portion of Siam, not onlyagainst France and England, but also against any other Power; that theBritish Government were unable to induce the French Government toextend its provisions to the whole of Siam; but that they thought a secu-rity almost equivalent might be provided for the territories -nder Siameserule or suzerainty which lie to the south-west of the guaranteed portion.if Siam would enter into an agreement with England not to alienatethem to any third power. After some discussion the Convention (No.XI) was signed at Bangkok on the 6th April 1897.

On the 29th November 1899 an Agreement (No. XII) was signed forthe registration of British suibjects in Siam. In May 1900 the BritishMinister at Bangkok reported that he had come to an agreement with theSiamese Government that the grand-children of registered British sub.jects should not be called upon for State service in Siam until the age ofseventeen, such grand-children, however, were not to be regarded as sub-ject to British jurisdiction in case any question arose involving the jurjsdiction to be applied to them,

SIAM.

In November 1899 the Secretary of State forwarded certain correspoll-dence, and asked for the views of the Government of India as to whethef

the schedule of taxes annexed to article 4 of the Bangkok agreement of

the 13th May 1856 should not be abrogated. The Government of India

replied that there was no objection to the abrogation of the schedule onthe following conditions, viz., (1) that British subjects be allowed to ownland elsewhere ihain in the vicinity of Bangkok; and (2) that the taxationon land rented, owned, or held by British subjects sh uld nowhere exceed

the taxation levied on similar land in lowet Burma. The Secretary of

State referred the question again to the Government of India, statiitg' thatthe British Indian interests in question appeared small and enquiting

whether in these circumstances the Government of India were disposedto accept the agreement. The Goiernment of India replied that they

were willing to forego the condition as to British subjects owning land

elsewhere than near Bangkok.

In 1899 the British Govermnent requested the Siamese Government

to sign an agreement defining boundaries between the British and Siamese

dependencies in the Malay States and the boundary Agreement (No.

XlII[) was signed on the 29th November 1899. Laier the agreement

between Great Britain and Siam, relative to the taxation on land held or

owned by British subjects in Siam and to the abrogation of the taxation

schedule annexed to article 4 of the Bangkok Agreement of 1856 (No.

V) as signed at Bangkok on the 20th September 1900 (No. XIV).

In accordance with this agreement the Siamese Government in June

1905 issued an official notification amending the amount of land tax to

be collected in future.

In April 1902 the Secretary of State asked for the views of the Gov-

ernment of India on a scheme for the neutralization of Siam. Mr. Rivett-

Carnac, the Financial Adviser to' the Siamese Government, was endeavour-

ing to persuade the King of Siam to obtain a joint guarantee bY the

powers for the neutralization of Siam. He had written a memorandum,

exhibiting the grave political dangers ith which the kingdom of Siam

was threatened and proposing certain remedies. The Government of

India agreed with the opinion of Mr. Rivett-Carnac as to the political

dangers which menaced Siam, but disagreed with-him as to the remedies

proposed to ward them off.

In June 1902 the British Consul at Chiengmai submitted certain pro-

posals with a view to facilitating the capture on the Siamese side, and

the extradition, of criminals who cross the border. He had suggestedto the Siamese Commissioner that the district Commissioner should beinvested with certain powers enabling him (1) to communicate with, and

receive communications direct from, the corresponding extradition officeron the British side; (2) on receipt of a w 1iti(n request for extradition

SLAM.

from the British official, to track and arrest the accused person at oncewithout necessarily submitting the case to Chiengmai, and on his arrestto apply direct to the British official for evidence in support of thoextradition; (3) to hold the preliminary enquiry without delay, forward

a full report of the case and the enquiry to the Central Council at Chieng.mai, and detain the accused in custody pending further instructions; (4)in cases of accused persons in Siamese territory who escape into Burma,to apply in writing direct to the British officials for their arrest, and tofurnish witnesses for the enquiry preliminary to extradition, forwardingat the same time a report to the Central Council at Chiengmai. The

Siamese High Commissioner was authorised to invest the district connis-sioners of all districts in the Cbiengmai province, adjoining British terri-

tory, with the powers mentioned above. The Government of India ontheir side appointed the following officers to exercise all the powers of apolitical agent, under the Foreign Jurisdiction and Extradition Act XXIof 1879, for the provinces of Siam as specified in each case :--

(a) the Deputy Commissioner for the time being of the Amherst dis-trict, for the provinces of (1) Muang Tak otherwise called Raheng orYaheing, (2) Kammpeng Pett, (3) Muang T tai, (4) Sawankaloke, (5)Sukotai, (6) lUtaradit and (7) Pichai;

(b) the Deputy Commissioner for the time being of the Tavoy district,for the province of Muang Patburi;

(c) the Deputy Commissioner for the time being of the Mergui dis-

trict, for the provinces of (1) Muang Kooi, (2) Muang Bantaphan, (3)Muang Patin, (4) Muang Chomphon, (5) Muang Kraburi and (6) MuangRenong;

(d) the Deputy Commissioner for the time being of the Salween dis-

trict, for the provinces of Lakon and Lampunchi, and for the central andwestern districts of the province of Chienginai;

(e) the Superintendent and Political Officer for the time being of theSouthern Shan States, for the northern district of the province of Chieng,mai, and

(/) the Assistant PoliticA Officer for the time being at Keng Tung.for the provinces of Muang Nan, Muang Phre and Muang Thon.

The Government of India also, under section 13 of the Foreign Juris-diction and Extradition Act XXI of 1879, directed that the Deputy Coin.missioner of the Amherst, Tavoy, Mergui and Salween districts, the

Superintendent and Political Officer of the Southern Shan States, andthe Assistant Political Officer at Keng Tung, might, in exercise of thepowers of a political officer conferred upon them by the previous notifica-lion, hand over any person arrested, and forwarded in accordance - Iththe provisions of section 12 of the Act, to be tried by the ordinary courts

X'IV

103

SIAM.

of the State in which the offence was committed, or alleged to have beencommitted, by such person.

In 1902 the Siamese Government made a proposal for the alteration ofarticle VIII of the Chiengmai treaty of 1883, by substituting the rightsof British subjects to hold land for the right of the Consul to remove casesto the Consular court; but after discussion the British Governmentdecided that the matter should be allowed to drop for the time being.

On the 6th October 1902 Lord Lansdowne, His Majesty's Secretary ofState for Foreign Affairs, and Phya Sri Sahadeb, Special Envoy of HisMajesty the King of Siam, signed a declaration in London in respect ofctrtain arrangements which it was considered expedient to make with re-gard to the administration of the States of Kelantan and Trenggannu(No. XV). One of the terms of the declaration was that the draft agree-ment attached to it should be shown to the Rulers of Kelantan and Treng-gannu, for the purpose of procuring their adhesion to it: and article 2 ofthe draft agreement stated that His Majesty the King of Siam reservedthe right to nominate officers to be adviser and assistant adviser to theStates of Kelantan and Trenggannu to act as representative (or agent)of His Majesty the King of Siam. The Ruler of Kelantan signed theEnglish and Malay versions of the treaty, but the Ruler of Trenggannuabsolutely refused to sign it. In accordance with the agreement attachedto the declaration signed on the 6th October 1902, Mr. Graham was ap-pointed Adviser and Mr. H. W. Thomson, Assistant Adviser to the Stateof Kelantan.

On the 9th February 1904 the Siamese Government issued a noti-fication abolishing, within three years from that date, all gambling inSiam. In order to reimburse the State for the revenue thus lost, theSiamese Government proposed to modify the tariff. On the 6th Febru-arv 1906, the Siamese Government gave His Majesty's Government thetwelve months' notice, required by article 11 of the treaty of 1855, oftheir intention to modify the tariff.

On the 8th April 1904 England and France concluded an Agreement(No. XVI) settling several points of difference between the two nations.The opportunity was taken of confirming articles 1 and 2 of the treatyof 1896 with France respecting Siam, specifying the territories comingunder the influence of France and England and disclaiming all idea ofthe contracting parties annexing any Siamese territory.

On the 10th March 1909 a new Treaty (No. XVII) was signed: and,on the same date, a separate Coivention (No. XVIII) cancelling that of1897 (No. XI). By the Treaty, which was ratified on the 9th July1909, the extra-territorial rights of British subjects in Siam were con-siderably modified and the Siamese relinquished in favour of GreatBritain their rights over the peninsular states of Kedah, Perlis, Kelantan,

SIAM.

Trenggannu and adjacent islands. Pursuant to section 1 of the Protocol-annexed to the above Treaty-concerning the jurisdiction applicable inthe Kingdom of Siam to British subjects, a Proc6s-Verbal for the estab-lishment of International Courts at Bangkok, Chiengmai, Songkla andPuket, with jurisdiction over the territories named therein, was signedby the Governments of Great Britain and Siam on the 6th July 1909 (No.XIX): while on the 25th August 1910, under section 1 of the Jurisdic-tional Protocol, another Proc6s-Verbal (No. XX) was signed betweenGreat Britain and Siam. This provides for the establishment of an In-ternational Court at Lakon Lampang with territorial jurisdiction overthe four Muangs named therein; this jurisdiction was previously grantedto the Court at Chiengmai under the Proc6s-Verbal of the 6th July 1909.

King Chulalongkorn died on the 23rd October 1910 after a reign of42 years, and was succeeded by the Crown Prince, at first known asKing Vajiravudh and later, in 1916, as King Rama VI.

An Extradition Treaty (No. XXI) between Great Britain and Siamwas concluded at Bangkok on the 4th March and ratified on the 1stAugust 1911.

On the 22nd July 1917 Siam entered the Great War on the side of theAllies and in 1919 was one of the signatories of the Treaty of Versailles.

On the 20th December 1921 a Convention (No. XXII) was concludedbetween Great Britain and Siam respecting the settlement of enemydebts referred to in the Treaty of Versailles.

In December 1924, owing to conditions brought about by an increasein the post-war duties on goods brought into Burma by sea, it becam6necessary to abrogate the Devawongse-Satow Agreement of 1887 No. IX).

On the 6th September 1925 the King of Siam issued a Royal Pro-clamation in connection with the Extradition Treaty of 1911 (No. XX).This proclamation provides for the arrest. and provisional detention.,pending formal application for extradition, of persons who have fled toSiam from Burma or British Malaya after committing in either of thosecountries a crime for which they are liable to be extradited.

On the 14th July 1925 two new treaties, a General Treaty (No.XXIII) and a Commercial Treaty (No. XXIV) were signed. They wereratified on the 30th March 1926. By the General Treaty, the Inter-national Courts were abolished and all British subjects in Siam becamesubject to the jurisdiction of the ordinary Siamese Courts; although,until all the Siamese codes come into force and for a period of five yearsthereafter, British diplomatic and consular officers may evoke any casepending in any Siamese Court, except the Dika, i.e., Supreme Court, inwhich a British subject, corporation, company or association, or a Britishprotected person, is defendant or accused.

Article 1 of the General Treaty (No. XXIII) recognised the fiscalautonomy of Siam; but, by Article 10 of the Commercial Treaty (No.XXIV), the import duty which may be levied on certain goods thereinspecified is limited to a maximum of 5 per cent. ad calor(e'bf. Siamesefiscal autonomy became effective on the 26th March 1927.

On the 25th November 1925 an Arbitration Convention (No. XXV)between Great Britain and Siam was signed. It was ratified on the 2ndFebruary 1927.

King Rama VI died on the 26th November 1925, and was succeededby His present Majesty King Prajadhipok.

On the 30th September 1926, Notes (No. XXVI) were exchangedbetween the British and Siamese Governments regarding Articles 10, 11and 12 of the Commercial Treaty of 1925 (No. XXIV).

In March 1928 the Government of India acceded to certain articlesof the Anglo-Siamese General Treaty, and to the Commercial Treaty, of1925 (Nos. XXIII and XXIV), subject to certain reservations, by anexchange of notes (No. XXVII).

106 SIAM.

SIAM NO. 1-1826.

No. I.

TREATY WITH SIAM,-1826.

The powerful Lord, who is in possession of every good, and every dignity, theGod Boodh, who dwells over every head in the city of the sacred and great King-dom of Si-a-yoo-tha-ya (titles of the King of Siam) incomprehensible to the headand brain, the sacred beauty of the royal palace, serene and infallible there (titlesof the Wangua or second King of Siam), have bestowed their commands uponthe heads of Their Excellencies, the Ministers of high rank belonging to the sacredand great Kingdom of Si-a-yoo-tha-ya, to assenble and frame a Treaty 'withCaptain Henry Burney, the English Envoy, on the part of the English Govern-ment, the Hon'ble East India Company, who govern the countries in India belong-ing to the English under the authority of the King and Parliament of Englandand the Right Honourable Lord Amherst, Governor of Bengal, and other EnglishOfficers of high rank, have deputed Captain Burney as an Envoy to representthem, and to frame a Treaty with Their Excellencies, the Ministers of high rankbelonging to the sacred and great Kingdom of Si-a-yoo-tha-ya, in view that theSiamese and the English nation may become great and true friends, connected inlove and affection, with genuine candour and sincerity, on both sides. TheSiamese and English frame two uniform copies of a Treaty, in order that one copymay be placed in the Kingdom of Siam, and that it may become known through-out every great and small province subject to Siam, and in order that one copymay be placed in Bengal, and that it may become known throughout every greatand small province subject to the English Government. Both copies of the Treatywill be attested by the royal seal, by the seals of Their Excellencies the Ministersof high rank in the city of the sacred and great Kingdom of Si-a-yoo-tha-ya, andby the seals of the Right Honourable Lord Amherst, Governor of Bengal, and ofthe other English Officers of high' rank.

ARTICLE 1.

The English and Siamese engage in friendship, love, and affection, with mutualtruth, sincerity and candour. The Siamese must not meditate or commit evil soas to molest the English in any manner. The English must not meditate or com-mit evil, so as to molest the Siamese in any manner. The Siamese must not goand molest, attack, disturb, seize, or take any place, territory or boundary belong-ing to the English, in any country subject to the English. The English must notgo and molest, attack, disturb, seize, or take any place, territory or boundarybelonging to the Siamese, in any country subject to the Siamese. The Siameseshall settle every matter within the Siamese boundaries, according to their ownwill and customs.

ARTICLE 2.

Should any place or country, subject to the English, do anything that mayoffend the Siamese, the Siamese shall not go and injure such place or country,but first report the matter to the English, who will examine into it with truth andsincerity, and if the fault lie with the English, the English shall punish according

107

to the fault. Should any place or country subject to the Siamese do anythingthat may offend the English, the English shall not go and injure such place orcountry, but first report the matter to the Siamese, who will examine into it withtruth and sincerity, and if the fault lie with the Siamese, the Siamese shall punishaccording to the fault. Should any Siamese place or country, that is near an

English country, collect at any time an army or a fleet of boats, if the chief of theEnglish country inquire the object of such force, the chief of the Siamese countrymust declare it. Should any English place or country, that is near a Siamesecountry, collect at any time an army or a fleet of boats, if the chief of the Siameserountry inquire the object of such force, the chief of the English country mustdeclare it.

ARTICLE 3.

In places and countries belonging to the Siamese and English, lying near their,Wutual borders, whether to the east, west, north, or south, if the English enter-

rtain a doubt as to any boundary that has not been ascertained, the chief on theside of the English must send a letter, with some men and people from his frontier

.posts to go and inquire from the nearest Siamese chief, who shall depute some ofhis officers and people from his frontier posts, to go with the men belonging to theEnglish chief, and point out and settle the mutual boundaries, so that they may beascertained on both sides in a friendly manner. If a Siamese chief entertain adoubt as to any boundary that has not been ascertained, the, chief on the side ofthe Siamese must send a letter, with some men and people from his frontier posts,to go and inquire from the nearest English chief, who shall depute some of hisofficers and people from his frontier posts, to go with the men belonging to theSiamese chief, and point out and settle the mutual boundaries, so that they may

be ascertained on both sides in a friendly manner.

ARTICLE 4.

Should any Siamese subject run and go and live within the boundaries of the-English, the Siamese must not intrude, enter, seize or take such person within the

English boundaries, but must report and ask for him in a proper manner; andthe English shall be at liberty to deliver the party or not. Should any Englishsubject run and go and live within the boundaries of the Siamese, the Englishmust not intrude, enter, seize, or take such person within the Siamese boundaries,but must report and ask for him in a proper manner, and the Siamese shall be atliberty to deliver the party or not.

ARTICLE 5.

The English and Siamese having concluded a Treaty, establishing a sincerefriendship between hem, merchants subject to the English, and their ships, junks,and boats, may have intercourse and trade with any Siamese country, which has

much merchandize, and the Siamese will aid and protect them, and permit themto-buy and sell with facility. Merchants subject to the Siamese, and their boats,junks, and ships, may have intercourse and trade with any English country, and

the English will aid and protect them, and permit them to buy and sell with facility

StAM NO. 1-1826.

SIAM NO. 1-1826.

The Siamese desiring to go to an English country, or the English desiring to go toa Siamese country, must conform to the customs of the place or country on eitherside; should they be ignorant of the customs the Siamese or English officers must!explain them. Siamese subjects who visit an English country must conductthemselves according to the established laws of the English country in everyparticular. English subjects who visit a Siamese country must conduct themselvesaccording to the established laws,'of the Siamese country in every particular.

ARTICLE 6.

Merchants subject to the Siamese or English going to trade either in Bengalor any country subject to the English, or at Bangkok, or in any country subjectto the Siamese, must pay the Duties upon commerce according to the customs ofthe place or country, on either side, and such merchants and the inhabitants ofthe country shall be allowed to buy and sell without the intervention of otherpersons in such countries. Should a Siamese or English merchant have any com-plaint or suit, he must complain to the officers and governors on either side, andthey will examine and settle the same, according to the established laws of theplace or country on either side. If a Siamese or English merchant buy or sellwithout inquiring and ascertaining whether the seller or buyer be of a good or badcharacter, and if he meet with a bad man who takes the property and absconds,the rulers and officers must make search and produce the person of the absconderand investigate the matter with sincerity. If the party possess money or propertyhe can be made to pay, but if he do not possess any, or if he cannot be appre-hended, it will be the merchant's own fault.

ARTICLE 7.

A merchant subject to the Siamese or English, going to trade in any Englishor Siamese country, and applying to build godowns or houses, or to buy or hireshops or houses, in which to place his merchandize, the Siamese or English officersand rulers shall be at liberty to deny him permission to stay. If they permit himto stay he shall land and take up his residence according to such terms as may bemutually agreed on, and the Siamese or English officers and rulers will assist andtake proper care of him, preventing the inhabitants of the country from oppressinghim, and preventing him from oppressing the inhabitants of the country. When-ever a Siamese or English merchant or subject who has nothing to detain him,requests permission to leave the country and to embark with his property onboard 6f any vessel, he shall be allowed to do so with facility.

ARTICLE 8.

If a merchant desire to go and trade in any place or country belonging to theEnglish or Siamese, and his ship, boat, or junk meet with any injury whatever,the English or Siamese officers shall afford adequate assistance and protection.Should any vessel belonging to the Siamese or English be wrecked in any place orcountry, where the English or Siamese may collect any of the property belongingto such vessel, the English or Siamese officers shall make proper inquiry and cause

.the property to be restored to its owner, or in case of his death to his heir, and

SIAM No. 1-1826.

the owner or heir will give a proper remuneration to the person who may havecollected the property. If any Siamese or English subject die in an English orSiamese country whatever property he may leave shall be delivered to his heir.If the heir be not living in the same country and, unable to come, appoint a personby letter to receive the property, the whole of it shall be delivered to such person.

ARTICLE 9.

Merchants, subject to the English, desiring to come and trade in any Siamesecountry with which it has not been the custom to have trade and intercourse,must first go and inquire of the Governor of the country. Should any country haveno merchandize the Governor shall inform the ship that has come to trade thatthere is none. Should any country have merchandize sufficient for a ship, theGovernor shall allow her to come and trade.

ARTICLE 10.

The English and Siamese mutually agree, that there shall be an unrestrictedtrade between them in the English countries of Prince of Wales' Island, Malacca,and Singapore, and the Siamese countries of Ligor, Merdilong, Singora, Patani,Junk Ceylon, Quedah, and other Siamese provinces. Asiatic merchants of theEnglish countries, not being Burmese, Peguers, or descendants of Europeans,shall be allowed to trade freely overland and by means of the rivers. Asiaticmerchants, not being Burmese, Peguers, or descendants of Europeans, desiring toenter into, and trade with, the Sianese dominions from the countries of Mergui,Tavoy, Tenasserim, and Ye, which are now subject to the English, will be allowedto do so freely, overland and by water, upon the English furnishing them withproper certificates. But merchants are forbidden to bring opium, which is posi-tively a contraband article in the territories of Siam, and should a merchant intro-duce any, the Governors shall seize, burn, and destroy the whole of it.

ARTICLE 11.

If an Englishman desire to transmit a letter to any person in a Siamese or othercountry, such person only and no other shall open and look into the letter. If aSiamese desire to transmit a letter to any person in an English or other country,such person only and no other shall open and look into the letter.

ARTICLE 12.

Siam shall not go and obstruct or interrupt commerce in the States of Tringanoand Calantan. English merchants and subjects shall have trade and intercoursein future with the same facility and freedom as they have heretofore had, andthe English shall not go and molest, attack, or disturb those States upon anypretence whatever.

ARTICLE 13.

The Siamese engage to the English, that the Siamese shall remain in Quedahand take proper care of that country, and of its people ; the inhabitants of Princeof Wales' Island and of Quedah shall have trade and intercourse as heretofore;

110

SIAM NO. 1-1826.

the Siamese shall levy no duty upon stock and provisions, such as cattle, baffaloes,poultry, fish, paddy, and rice, which the inhabitants of Prince of Wales' Island orships there nay have occasion to purchase in Quedah, and the Siamese shall notfarm the mouths of rivers or any streams in Quedah, but shall levy fair and properImport and Export Duties. The Siamese further engage, that when Chao Phyaof Ligor returns from Bangkok, he shall release the slaves, personal servants,family, and kindred belonging to the former Governor of Quedah, and permit themto go and live wherever they please. The English engage to the Siamese, thatthe English do not desire to take possession of Quedah, that they will not attackor disturb it, nor permit the former Governor of Quedah, or any of his followers, toattack, disturb, or inure in any manner the territory of Quedah, or any other territorysulject to Siam. The English engage that they will make arrangements .for the formerGovernor of Quedah to go and live in some other country, and not at Prince of Wales'Island or Prye, or in Perak, Salengore, or any Burmese country. If the English donot let the former Governor of Quedah go and live in some other country as hereengaged, the Siamese may continue to levy an Export Duty upon paddy and rice inQuedah.* The English will not prevent any Siamese, Chinese, or other Asiatics atPrince of Wales' Island from going to reside in Quedah if they d~sire it.

ARTICLE 14.

The Siamese and English mutually engage that the Rajah of Perak shallgovern his country according to his own will. Should he desire to send the goldand silver flowers to Siam as heretofore, the English will not prevent his doing ashe may desire. If Chao Phya of Ligor desire to send down to Perak, with friendlyintentions forty (40) or fifty (50) men, whether Siamese, Chinese, or other Asiaticsubjects of Siam; or if the Rajah of Perak desire to send any of his ministers orofficers to seek Chao Phya of Ligor, the English shall not forbid them. TheSiamese or English shall not send any force to go and molest, attack or disturbPerak. The English will not allow the State of Salengore to attack or disturbPerak, and the Siamese shall not go and attack or disturb Salengore. The arrange-ments stipulated in these two last articles respecting Perak and Quedah ChaoPhya of Ligor shall execute as soon as he returns home from Bangkok.

The fourteen Articles of this Treaty let the great and subordinate Siamese andEnglish officers, together with every great and small province, hear, receive, andobey without fail. Their Excellencies the Ministers of high rank, at Bangkok,and Captain Henry Burney, whom the Right Honourable Lord Amherst, Governorof Bengal, deputed as an Envoy to represent His Lordship, framed this Treatytogether, in the presence of Prince Krom Meum Soorin Thiraksa, in the city ofthe sacred and great Kingdom of Si-a-yoo-tha-ya.

The Treaty, written in the Siamese, Malayan, and English languages, was con-cluded on Tuesday, the First day of the seventh decreasing Moon, 1188, year dog 8,according to the Siamese Ara, corresponding with the Twentieth day of June1826, of the European .Era.

* NOTE.-T~e clauses in italics have been annulled at the re-luest of the cm'rt of Siam,vide Pol., Cons., 22nd June 1842.

SIAM NO. 1-1896.

Both copies of the Treaty are sealed and attested by Their Excellencies theMinisters, and by Captain Henry Burney. One copy Captain Henry Burney willtake for the Ratification of the Governor of Bengal, and one copy,, bearing theroyal seal, Chao Phya of Ligor will take and place at Quedah. Captain Burneyappoints to return to Prince of Wales' Island in seven months, in the second Moonof the year dog 8, and to exchange the ratifications of this Treaty with Phra Phak-di-Bori-rak, at Quedah. The Siamese and English shall form a friendship thatshall be perpetuated, that shall know no end or interruption as long as Heavenand Earth endure.

H. BURNEY, Captain,

Envoy to the Court of Siam.

Kingof Siam's AMHERST.

Seal.

Ratified by the Right Honourable the Governor-General in Camp at Agra,this Seventeenth day of January, One Thousand Eight Hundred and Twenty-seven.

By Command of the Governor-General.

A. STIRLING,

Secretary to Government,

In attendance on the Governor-General.

SealSeal of of Chao

Chao Phya Phya Akho COMBERMERE.Chak-kri. Mahasena

Kalabone.

Seal of Seal ofChao Phya Chao Phya J. H. HARINGTON.

Phra Khlang. Tharana.

Seal of Seal ofChao Phya Chao Phya W. B. BAYLEY.Phollo-thep. Yomoraht

By Command of the Vice-President in Council.

GEORGE SWINTON,

Secretary to Government.

H. BURNEY, Captain,

Envoy to the Court of Siam, from the

Right Honourable the Governor-General of British India.

SIAM NO. 1I-1827.

No. II.

COMMERCIAL TREATY of 1827.

Their Excellencies the Ministers and Captain Henry Burney having settled aTreaty of Friendship, consisting of fourteen Articles, now frame the followingAgreement with respect to English vessels desiring to come and trade in the cityof the sacred and great Kingdom of Si-a-yoo-tha-ya (Bangkok).

ARTICLE 1.

Vessels belonging to the subjects of the English Government, whether Euro-peans or Asiatics, desiring to come and trade at Bangkok, must conform to theestablished laws of Siam in every particular. Merchants coming to Bangkok areprohibited from purchasing paddy or rice for the purpose of exporting the same asmerchandize, and if they import fire-arms, shot, or gunpowder, they are prohibitedfrom selling them to any party but to the Government. Should the Governmentnot require such fire-arms, shot, or gunpowder, the merchants must re-export thewhole of them. With exception to such warlike stores, and paddy and rice, mer-chants, subjects of the English, and merchants at Bangkok, may buy and sellwithout the intervention of any other person, and with freedom and facility.Merchants coming to trade shall pay at once the whole of the duties and chargesconsolidated according to the breadth of the vessel.

If the vessel bring an import cargo, she shall be charged seventeen hundred(1,700) ticals for each Siamese fathom in breadth.

If the vessel bring no import cargo, she shall be charged fifteen hundred (1,500)ticals for each Siamese fathom in breadth.

No import, export, or other duty shall be levied upon the buyers or sellersfrom, or to, English subjects.

ARTICLE 2.

Merchant vessels, the property of English subjects, arriving off the bar, mustfirst anchor and stop there, and the Commander of the vessel must despatch aperson with an account of the cargo, and a return of the people, guns, shot, andpowder on board the vessel, for the information of the Governor, at the mouth ofthe river, who will send a pilot and interpreter to convey the established regula-tions to the Commander of the vessel. Upon the pilot bringing the vessel over thebar, she must anchor and stop below the chokey, which the interpreter will pointout.

ARTICLE 3.

The proper officers will go on board the vessel and examine her thoroughly,and after the guns, shot and powder have been removed and deposited at Paknam(port at the mouth of the Menam), the Governor of Paknam will permit the vesselto pass up to Bangkok.

SIAM NO. H-1827.

ARTICLE 4.

Upon the vessel's arriving at Bangkok, the officers of the customs will go on

board and examine her, open the hold, and take an account of whatever cargo may

be on board, and after the breadth of the vessel has been measured and ascertained,

the merchants will be allowed to buy and sell according to the first article of this

agreement. Should a vessel, upon receiving an export cargo, find that she cannot

cross the bar with the whole, and that she must hire cargo boats to take down a

portion of the cargo, the officers of the customs and chokeys shall not charge anyfurther Duty upon such cargo boats.

ARTICLE 5.

Whenever a vessel or cargo boat completes her lading, the Commander of the

vessel must go and ask Chao Phya Phra Khlang for a port clearance, and if there

be no cause for detention, Chao Phya Phra Khlang shall deliver the port clearance

without delay. When the vessel, upon her departure, arrives at Paknam, she

must anchor and stop at the usual chokey, and after the proper officers have gone

on board and examined her, the vessel may receive her guns, shot and powder,and take her departure.

ARTICLE 6.

Merchants being subjects of the English Government, whether Europeans or

Asiatics, the Commanders, officers, lascars, and the whole of the crew of vessels,must conform to the established laws of Siam, and to the stipulations of this Treatyin every particular. If merchants of every class do not observe the Articles of

this Treaty, and oppress the inhabitants of the country, become thieves or bad

men, kill men, speak offensively of, or treat disrespectfully, any great or sub-ordinate officers of the country, and the case become important in any way what-

ever, the proper officers shall take jurisdiction of it, and punish the offender. If

the offence be homicide, and the officers, upon investigation, see that it proceeded

from evil intention, they shall punish with death. If it be any other offence, and

the party be the commander or officer of a vessel, or a merchant, he shall be

fined. If he be of a lower rank, he shall be whipped or imprisoned, according to

the established laws of Siam. The Governor of Bengal will prohibit English sub-

jects, desiring to come and trade at Bangkok, from speaking disrespectfully or

offensively to, or of the great officers in Siam. If any person at Bangkok oppressany English subject, he shall be punished according to his offence in the samemanner.

The six Articles of this Agreement, let the Officers at Bangkok, and merchantssubject to the English, fulfil and obey in every particular.

H. BURNEY, Captain,

Envoy to the Court of Siam.

Kingof Siam' s AMHRST|

Seal.

114

SIAM---NOS. 11-1827 AND 111-1831. 115

Ratified by the Right Honourable the Governor-General, in Camp, at Agrat.his 17th day of January, One thousand Eight Hundred and Twenty-seven.

By Command of the Governor-General.

A. STIRLING,

Sec'retary to Government,

In attendance on the Governor-General.Seal

Seal of of ChaoChao Phya Phya Akho COMBERMERE.Chak-kri. Mahasena

Kalabone.

Seal of Seal ofChao Phya Chao Phya J. H. HARINGTON.

Phra Khlang Tharana.

Seal of Seal ofChao Phya Chao Phya W. B. BAYLEY.Phollo thep. Yomoraht.

By Command of the Vice-President in Council.

GEORGE SWINTON,

Secretary to Government.

H. BURNEY, Captain,

Envoy to the Court of Siam, from the

Right Honourable the Governor-General of British India.

No. III

ENGAGEMENT betwixt ROBERT IBBETSON, ESQUIRE, RESIDENT Of SINGAPORE,

PULo PENANG, and MALACCA, who has come into the QUEDAH COUNTRY, andthe CHOW P]IYA of LIGOR Si TAMRAT, who is under the dominion of SOMDET

PHRA PHOOTTHEE CHOW Yo HOOA. who is the SUPREME RULER over thegreat country of SRI AYOOTTHEEYA, viz., SIAM-1831.

With reference to the third Article of the Treaty betwixt Somdet Phra Phoot-

thee Chow Yo Hooa, who is the supreme ruler over the great country of Sri Ayoot-theeya, and the British Government, it is now agreed on betwixt the above contract-

ing parties, viz., the Chow Phya of Ligor Si Tamrat and Robert Ibbetson, Esq.,

Resident of Singapore, Pulo Penang, and Malacca, and with respect to the subjectof the boundary betwixt the British territory of Province Wellesley and the country

and Government of Quedah, that the said boundary shall be as follows: from Sum-

matool, on the south bank of the Soongei Qualla Mood, by a road leading to the

SIAM-NOS. II-1831 AND IV-1855.

River Prye, at a spot ten orlongs east of the river Soongei Dua Hooloo, then des-cending the middle of the Prye River, to the mouth of the River Soongei Sintoo,then ascending the Soongei Sintoo in a straight direction eastward, and up to theHill Bukit Moratajum, then from Bukit Moratajum along the range of hills calledBukit Berator, to a place on the north bank of the River Kreean, five orlongs aboveand east of Bukit Tungal ; and it is agreed that brick or stone pillars shall be erect-ed, one at the boundary of Summatool, another at the boundary of the River,and a third at the boundary on the Kreean River.

Two copies of this Agreement have been made out, and to these have beenaffixed the seal of the Honourable English Company, and the signature of RobertIbbetson, Esquire, Resident of Singapore, Polo Penang, and Malacca, and the chopor seal of the Chow Phya of Ligor Si Tamrat; one copy to be retained by each ofthe above contracting parties, and the said Agreement has been written in threelanguages, the Siamese, Malayan, and English, on Wednesday, the second dayof November, one thousand eight hundred and thirty-one of the English era, andthe twelfth day of the Moon's decrease in the eleventh month of the year of the Hare,one thousand one hundred and ninety-three Sasok.

R. IBBETSON, Seal of the

Resident of Sinqapore, Prince of Wales' Prince of Wales'Island. East

Island, and Malacca. India Company.

Chop of the JAMES Low,Rajah ofLigor. Assistant Resident and Translator.

No. IV.

TREATY of 1855 with Siam.

Her Majesty the Queen of the United Kingdom of Great Britain and Irelandand all its dependencies, and their Majesties Phra Bard Somdetch Phra ParamendoMaha Mongkut Phra Choni Klan Chan Yu Hun, the first King of Siam, and PhraBard Somdetch Phra Pawarendu Ramese Mahiswarese Phra Pin Klan Chan YuHun, the second King of Siam, desiring to establish, upon firm and lasting founda-tions, the relations of peace and friendship existing between the two countries,and to secure the best interests of their respective subjects by encouraging, facili-tating, and regulating their industry and trade, have resolved to conclude a Treatyof Amity and Commerce for this purpose, and have therefore named as theirPlenipotentiaries ; that is to say.

Her Majesty the Queen of Great Britain and Ireland, Sir John Bowring,Knight, Doctor of Laws, etc., etc.

116

SIAM-NO. IV-1855.

And their Majesties the first and second Kings of Siam, His Royal HighnessKrom Hluang Wongsa Dhiraj Snidh; His Excellency Somdetch Chan PhayaParam Maha Puyura Wongse; His Excellency Somdetch Chan Phaya ParamMaha Bijaineate; His Excellency Chan Phaya Sri Suriwongse Samuha PhraKralahome; and His Excellency Chan Phaya, acting Phraklang.

Who, after having communicated to each other their respective full powersand found them to be in good and due form, have agreed upon and concluded thefollowing Articles :-

Article 1.-There shall henceforward be perpetual peace and friendship betweenHer Majesty the Queen of Great Britain and Ireland and Her successors, and theirMajesties the first and second Kings of Siam and their successors. All Britishsubjects coming to Siam shall receive from the Siamese Government full protec-tion and assistance to enable them to reside in Siam in all security, and tradewith every facility, free from oppression or injury on the part of the Siamese. Andall Siamese subjects going to an English country shall receive from the BritishGovernment the same complete protection and assistance that shall be granted toBritish subiects by the Government of Siam.

Article 2.-The interests of all British subjects coming to Siam shall be placedunder the regulation and control of a Consul, who will be appointed to reside atBangkok. He will himself conform to, and will enforce the observance by Britishsubjects, of all the provisions of the Treaty and such of the former Treaty nego-tiated by Captain Burney in 1826 as shall still remain in operation. He shall alsogive effect'to all Rules or Regulations as are now, or may hereafter be, enacted forthe government of British subjects in Siam, the conduct of their trade, and for theprevention of violations of the Laws of Siam. Any disputes arising betweenBritish and Siamese subjects shall be heard and determined by the Consul in con-junction with the proper Siamese Officers; and criminal offences will be punished,in the case of English offenders, by the Consul, according to English Laws, andin the case of Siamese offenders, by their own Laws through the Siamese autho-rities. But the Consul shall not interfere in any matters referring solely to Siamese,neither will the Siamese authorities interfere in questions which only concern thesubjects of Her Britannic Majesty.

It is understood, however, that the arrival of the British Consul at Bangkokshall not take place before the Ratification of this Treaty, nor until ten vesselsowned by British subjects, sailing under British colors and with British papers,shall have entered the Port of Bangkok for the purposes of trade, subsequent tothe signing of this Treaty.

Article 3.-If Siamese, in the employ of British subjects, offend against theLaws of their country, or if any Siamese having so offended, or desiring to desert,take refuge with a British subject in Siam, they shall be searched for, and uponproof of their guilt or desertion shall be delivered up by the Consul to theSiamese authorities. In like manner any British offenders, resident or trading inSiam, who may desert, escape to, or hide themselves in Siamese territories, shallbe apprehended and delivered over to the British Consul on his requisition.

SIAM-NO. TV-1855.

Chinese not able to prove themselves to be British subjects shall not be consideredas such by the British Consul, nor be entitled to his protection.

Article 4.-British subjects are permitted to trade freely in all the seaports ofSiam, but may reside permanently only at Bangkok, or within the limits assignedby this Treaty. British subjects coining to reside at Bangkok may rent land andbuy or build houses, but cannot purchase lands within a circuit of 200 seng (notmore than four miles English) from the City walls, until they shall have lived inSiam for ten years, or shall obtain special authority from the Siamese Governmentto enable them to do so. But with the exception of this limitation British residentsin Siam may at any time buy or rent houses, lands, or plantations situated any-where within a distance of twenty-four hours' journey from the City of Bangkok,to be computed by the rate at which boats of the country can travel. In order toobtain possession of such lands or houses it will be necessary that the British sub-ject shall, in the first place, make application through the Consul to the properSiamese officer, and the Siamese officer and the Consul having satisfied themselvesof the honest intentions of the applicant, will assist him in settling, upon equitableterms, the amount of the purchase-money, will make out and fix the boundariesof the property, and will convey the same to the British purchaser under sealedDeeds, whereupon he and his property shall be placed under the protection of theGovernor of the district, and that of the particular local authorities: he shallconform in ordinary matters to any just directions given him by them and will besubject to the same taxation that is levied on Siamese subjects. But if, throughnegligence, the want of capital or other cause, a British subject should fail tocommence the cultivation or improvement of the lands so acquired within a termof three years from the date of receiving possession thereof, the Siamese Govern-ment shall have the power of resuming the property upon returning to theBritish subject the purchase-money paid by him for the same.

Article 5.-All British subjects intending to reside in Siam shall be registeredat the British Consulate. They shall not go out to sea, nor proceed beyond thelimits assigned by this Treaty for the residence of British subjects, without a pass-port from the Siamese authorities, to be applied for by the British Consul, norshall they leave Siam if the Siamese authorities show to the British Consul thatlegitimate objections exist to their quitting the country. But within the limitsappointed under the preceding Article British subjects are at liberty to travel toand fro under the protection of a Pass, to be furnished them by the British Consul,and counter-sealed by the proper Siamese Officer, stating, in the Siamese character,their names, calling, and description. The Siamese Officers at the GovernmentStations in the interior may, at any time, call for the production of this Pass ;and, immediately on its being exhibited, they must allow the parties to proceed,but it will be their duty to detain those persons who, by travelling without a Passfrom the Consul, render themselves liable to the suspicion of their being deserters;and such detention shall be immediately reported to the Consul.

Article 6.-All British subjects visiting or residing in Siam shall be allowed thefree exercise of the Christian Religion, and liberty to build Churches in such loa-

SIAM-NO. IV-1855.

lities as shall be consented to by the Siamese Authorities. The Siamese Govern-ment will place no restrictions upon the employment, by the English, of Siamesesubjects as servants, or in any other capacity. But wherever a Siamese subiectbelongs or owes service to some particular master, the servant who engages him-self to a British subject without the consent of his master, may be reclaimed byhim, and the Siamese Government will not enforce an Agreement between aBritish subject and any Siamese in his employ unless made with the knowledgeand consent of the master who has a right to dispose of the services of the personengaged.

Article 7.-British Ships of War may enter the river and anchor at Paknami,but they shall not proceed above Paknam, unless with the consent of the Siameseauthorities, which shall be given where it is necessary that a ship shall go into dockfor repairs. Any British Ship of War conveying to Siam a public functionary,accredited by the British Government to the Court of Bangkok, shall be allowedto come up to Bangkok, but shall not pass the Forts called Phrachamit and Pit-pach-nuck, unless expressly permitted to do so by the Siamese Government. Butin the absence of a British Ship of War the Siamese authorities to engage to furnishthe Consul with a force sufficient to enable him to give effect to his authority overBritish subjects, and to enforce discipline among British Shipping.

Article 8.-The measurement Duty hitherto paid by British vessels trading toBangkok, under the Treaty of 1826, shall be abolished from the date of this Treatycoming into operation; and British Shipping or Trade will thenceforth be onlysubject to the payment of Import and Export Duties on the goods landed orshipped.

On all articles of import the Duty shall be three per cent., payable at the optionof the importer, either in kind or money, calculated upon the market value of thegoods. Drawback of the full amount of duty shall be allowed upon goods foundunsaleable and re-exported. Should the British Merchant and the Custom HouseOfficers disagree as to the value to be set upon imported articles, such disputesshall be referred to the Consul and proper Siamese Officer, who shall each have thepower to call in an equal number of Merchants as assessors, not exceeding two oneither side, to assist them in coming to an equitable decision.

Opium may be imported free of Duty, but can only be sold to the Opium far-mer or his agents. In the event of no arrangement being effected with them foithe sale of the Opium it shall be re-exported, and no Impost or Duty shall belevied thereon. Any infringement of this Regulation shall subject the Opium toseizure and confiscation.

Articles of export, from the time of production to the date of shipment, shallpay one Impost only, whether this be levied under the name of Inland Tax, TransitDuty, or Duty on exportation. The Tax or Duty to be paid on each article ofSiamese produce, previous to or upon exportation, is specified in the Tariff attachedto this Treaty; and it is distinctly agreed that goods or produce that pay anydescription of Tax in the interior shall be exempted from any further payment ofDuty on exportation. English merchants are to be allowed to purchase directly

XiV T

SIAM-NO. IV-1855.

from the producer the articles in which they trade, and in like manner to sell theirgoods directly to the parties wishing to purchase the same, without the inter-ference, in either case, of any other person.

The rates of Duty laid down in the Tariff attached to this Treaty are thosethat are now paid upon goods or produce shipped in Siamese or Chinese vesselsor junks; and it is agreed that British Shipping shall enjoy all the privileges nowexercised by, or which hereafter may be granted to Siamese or Chinese vessels orjunks.

British subjects will be allowed to build ships in Siam on obtaining permissionto do so from the Siamese authorities.

Whenever a scarcity may be apprehended of salt, rice, and fish, the SiameseGovernment reserve to themselves the right of prohibiting, by public proclama-tion, the exportation of these articles.

Bullion or personal effects may be imported or exported free of charge.

Article 9.-The Code of Regulations appended to this Treaty shall be enforcedby the Consul, with the co-operation of the Siamese Authorities, and they, the saidAuthorities and Consul, shall be enabled to introduce any further Regulations whichmay be found necessary in order to give effect to the objects of this Treaty.

All fines and penalties inflicted for infraction of the provisions and regulationsof this Treaty shall be paid to the Siamese Government.

Until the British Consul shall arrive at Bangkok and enter upon his functions,the consignees of British vessels shall be at liberty to settle with the SiameseAuthorities all questions relating to their trade.

Article 10.-The British Government and its subjects will be allowed free andequal participation in any privileges that may have been, or may hereafter be,granted by the Siamese Government to the Government or subjects of any othernation.

Article 11.-After the lapse of ten years from the date of the Ratification ofthis Treaty, upon the desire of either the British or Siamese Government, and ontwelve months' notice given by either party, the present, and such portion of theTreaty of 1826 as remain unrevoked by this Treaty together with the Tariff andRegulations thereunto annexed, or those that may hereafter be introduced, shallbe subject to revision by Commissioners appointed on both sides for this purpose,who will be empowered to decide on and insert therein such amendments as ex-perience shall prove to be desirable.

Article 12.-This Treaty, executed in English and Siamese, both versionshaving the same meaning and intention, and the Ratifications thereof having beenpreviously exchanged, shall take effect from the 6th day of April in the year 1856of the Christian Era, corresponding to the 1st day of the fifth month of the OneThousand Two Hundred and Eighteenth year of the Siamese Civil Era.

In witness whereof the above-named Plenipotentiaries have signed and sealedthe present Treaty in quadruplicate at Bangkok, on the Eighteenth day of April,

SIAM-NO. TV-185.

in the year 1855 of the Christian Era, corresponding to the second day of theSixth month of the One Thousand Two Hundred and Seventeenth year of theSiamese Civil Era.

JoHN BOwiTNG,

(Signatures and Seals of the five Siamese Plenipotentiaries.)

GENERAL REGULATIONS under which BRITISH TRADE is to be conducted in SIAM.

Regulation 1.-The Master of every English ship coming to Bangkok to trademust, either before or after entering the river, as may be found convenient, reportthe arrival of his vessel at the Custom House at Paknam, together with the numberof his crew and guns, and the port from whence he comes. Upon anchoring hisvessel at Paknam, he will deliver into the custody of the Custom House Officersall his guns and ammunition, and a Custom House Officer will then be appointedto the vessel, and will proceed in her to Bangkok.

Regulation 2.-A vessel passing Paknam without discharging her guns andammunition, as directed in the foregoing Regulation, will be sent back to Paknamto comply with its provisions, and will be fined eight hundred ticals for having sodisobeyed. After delivery of her guns and ammunition she will be permitted toreturn to Bangkok to trade.

Regulation 3.-When a British vessel shall have cast anchor at Bangkok, theMaster, unless a Sunday should intervene, will, within four and twenty hours afterarrival, proceed to the British Consulate, and deposit there his Ship's Papers, Billsof Lading, etc., together with a true Manifest of his Import Cargo ; and upon theConsul's reporting these particulars to the Custom House, permission to breakbulk will at once be given by the latter.

For neglecting so to report his arrival, or for presenting a false Manifest, theMaster will subject himself, in each instance, to a penalty of four hundred ticals :but he will be allowed to correct, within twenty-four hours after delivery of it tothe Consul, any mistake he may discover in his Manifest, without incurring theabove-mentioned penalty.

Regulation 4.-A British vessel breaking bulk and commencing to dischargebefore due permission shall be obtained, or smuggling, either when in the river oroutside the bar, shall be subject to the penalty of eight hundred ticals and confis-cation of the goods so smuggled or discharged.

Regulation 5.-As soon as a British vessel shall have discharged her cargo andcompleted her outward lading, paid all her Duties, and delivered a true Manifestof her outward cargo to the British Consul, a Siamese Port Clearance shall begianted her on application from Consul, who, in the absence of any legal impedi-irent to her departure, will then return to the Master his Ship's Papers, and allowthe vessel to leave. A Custom House Officer will accompany the vessel to Paknam,

32

122 SIAM-NO. IV-1855.

and on arriving there she will be inspected by the Custom House Officers of thatStation, and will receive from them the guns and amimunition previously deliveredinto their charge.

Regulation 6.-Her Britannic Majesty's Plenipotentiary having no knowledgeof the Siamese language, the Siamese Government have agreed that the Englishtext of these Regulations, together with the Treaty of which they form a portion,and the Tariff hereunto annexed, shall be accepted as conveying in every respecttheir true meaning and intention.

Tariff of Export and Inland Duties to be levied on Articles of Trade.

Section 1.-The undermentioned articles shall be entirely free from Inland orother taxes on production, or transit, and shall pay Export Duty as follows:-

Tical. Salung. Fuang. Hun.

1. Ivory

2. Gamboge

3. Rhinoceros' Horns

4. Cardamoms, best

5. Ditto, Bastard

6. Dried Mussels

7. Pelicans' Quills

8. Betel-nut, dried

9. Krachi Wood .10. Sharks' Fins, White

11. Ditto, Black

12. Luckraban Seed

13. Peacocks' Tails

14. Buffaloe and Cow Bones

15. Rhinoceros' Hides

16. Hide Cuttings

17. Turtle Shells

18. Soft Shells

19. Beche de Mer

20. Fish Maws

21. Bird's Nests, uncleaned

22. Kingfisher's Feathers

23. Cutch

24. Bdych6 Seed (Nux Vomica)

25. Pungtarai Seed

26. Gum Benjamin

27. Angrai Bark

28. Agilla Wood

29. Ray Skins

30 Old Deer's Horns

31. Soft or young Iorns.

32. Deer Hides, fine

10 0 0 0 per picul.

6 0 0 0 ditto.

50 0 0 0 ditto.

14 0 0 0 ditto.

6 0 0 0 ditto.

1 0 0 0 ditto.

2 2 0 0 ditto.

1 0 0 0 ditto.

0 2 0 0 ditto.

6 0 0 0 ditto.

3 0 0 0 ditto.

0 2 0 0 ditto.10 0 0 0 per 100 tails.

0 0 0 3 per picul.

0 2 0 0 ditto.

0 1 0 0 ditto.

1 0 0 0 ditto.

1 0 0 0 ditto.

3 0 0 0 ditto.

3 0 0 0 ditto.

20 per cent.i 0 0 0 per 100.

0 2 0 0 per picul.() 2 0 0 ditto.

0 2 0 0 ditto.

4 0 0 0 ditto.

0 2 0 0 ditto.

2 0 0 0 ditto.

3 0 0 0 ditto.

0 1 0 0 ditto.

10 per cent.

0 0 0 per 100.

SIAM-NO. IV-1855.

33. Deer Hides, common34. Deer Sinews35. Buffaloe and Cow Hides36. Elephants' Bones37. Tigers' Bones .38. Buffaloe Horns39. Elephants' Hides40. Tigers' Skins .41. Armadillo Skins42. Stick Lac43. Hemp44. Dried Fish, Plaheng45. Ditto, Plasalit46. Sapan Wood47. Salt Meat48. Mangrove Bark49. Rose Wood50. Ebony51. Rice

Tical.

3

41

5

0

0

0

4

0

2

0

0

1.4

Salung.

00000

111012202

0

1

2

0

0

Fuang.

0000000000000100000

Hun.

0 per 100.0 per picul.0 ditto.0 ditto.0 ditto.0 ditto.

0 ditto.0 per skin.

0 per picul.

0 ditto.

0 ditto.0 ditto.

0 ditto.

0 ditto.

0 ditto.

0 ditto.

0 ditto.

0 ditto.

0 per kogan.

Section 2.-The undermentioned articlesDuties herein named, and which shall no,Export Duty :-

being subject to the Inland or Transitb be increased, shall be exempt from

Tical. Salung. Fuang. Hun.

52. Sugar, White

53. Ditto, Red54. Cotton, clean and uncleaned

55. Pepper .

56. Salt fish, Platu57. Beans and Peas

58. Dried Prawns

59. Till Seed

60. Silk, Raw

61. Bees' Wax

62. Tallow

63. Salt

64. Tobacco

0

0

1

1 0 0

6 0 0

1 2 0

0 per picul.0 ditto.

10 per cent.

0 per picul.

0 per 10,000 fish

one-twelfth.

ditto.

ditto.

ditto.

one-fifteenth.

0 per picul.

0 per kogan.

0 per 1,000 bdls.

Section 3.-All goods or produce unenumerated in this Tariff shall be free ofExport Duty, and shall only be subject to one Inland Tax or Transit Duty, notexceeding the rate now paid.

JOHN BOWRINa.

(Signatures and Seals of the five Siamese Plenipoteutiaries.)

123

SIAM NO. V-1856.VW

No. V.

AGREEMENT entered into between the undermentioned ROYAL COMMISSIONERS

on the part of THEIR MAJESTIES the FIRST and SECOND KINGS of SIAM, and

HARRY SMITH PARKES, ESQ., on the part of HER BRITANNIC MAJESTY'S

GOvERNMENT-1856.

Mr. Parkes having stated, on his arrival at Bangkok, as bearer of Her BritannicMajesty's Ratification of the Treaty of Friendship and commerce concluded on the18th day of April 1855, between Her Majesty the Queen of the United Kingdom ofGreat Britain and Ireland, and their Majesties Phra Bard Somdetch Phra Para-mendy Maha Mongkut Phra Chain Klan Chan Yu Hua, the First King of Siamand Phra Bard Somdetch Phra Pawarendr Ramesr Mahiswaresr Phra Pin KlanChan Yu Hua, the Second King of Siam, that he was instructed by the Earl ofClarindon, Her Britannic Majesty's Principal Secretary of State for ForeignAffairs, to request the Siamese Government to consent to an enumeration of thoseArticles of the former Treaty, concluded in 1826, between the Honourable EastIndia Company and their late Majesties the First and Second Kings of Siam,which are abrogated by the Treaty first named, and also to agree to certain expla-nations which appear necessary to mark the precise force and application of certainportions of the new Treaty, their aforesaid Majesties, the First and Second Kingsof Siam, have appointed and empowered certain Royal Commissioners, namely,His Royal Highness Krom Hluang Wang-sa Dhiraj Snidh, and their Excellenciesthe four Senaputhies or Principal Ministers of Siam, to confer and arrange withMr. Parkes the matters above-named, and the said Royal Commissioners havingaccordingly met Mr. Parkes for this purpose on repeated occasions and maturelyconsidered all the subjects brought by him to their notice, have resolved-

That it is proper, in order to prevent future controversy, that those clauses ofthe old Treaty, which are abrogated by the new Treaty, should be distinctlyspecified, and that any clause of the new Treaty, which is not sufficiently clear,should be fully explained. To this end they have agreed to and concluded thefollowing twelve Articles :-

ARTICLE 1,

On the old Treaty concluded in 1826.

The Articles of the old Treaty not abrogated by the new Treaty are 1, 2, 3, 8,11, 12, 13, and 14, and the undermentioned clauses of Articles 6 and 10.

In Article 6, the Siamese desire to retain the following clause --

" If a Siamese or English merchant buy or sell without enquiring and ascertain-ing whether the seller or buyer be of a good or bad character, and if he meet witha bad man who takes the property and absconds, the rulers and officers on either

SIAM NO. V-1856.

side must make search and endeavour to produce the property of the absconder,and investigate the matter with sincerity. If the party possess money or property,he can be made to pay; but if he does not possess any or if he canndt be aplpre-hended, it will be the merchants' own fault, aiid the authdritieg caniot be heldresponsible."

Of Article 10, Mr. Parkes desires to retain that clause relating to the OverlandTrade, which states-

Asiatic merchants of the English countries, not being Burmese, Pegouans or

descendants of Europeans, desiring to enter into and to trade with the Siamesedominions from the countries of Mergui, Tavoy, Tenasserim, and Ye, which arenow subject to the English, will be allowed to do so freely overland and by water,upon the English furnishing them with proper certificates." Mr. Parkes, however,desires that all British subjects, without exception, shall be allowed to participatein this Overland trade. The said Royal Commissioners therefore agree, on thepart of the Siamese, that all traders under British rule may cross from the Britishterritories of Mergui, Tavoy, Ye, Tenasserim, Pegu, or other places, by land orby water, to the Siamese territories, and may trade there with facility, on thecondition that they shall be provided by the British authorities with proper Cer-tificates, which must be renewed for each journey.

The Commercial Agreement annexed to the old Treaty is abrogated by the newTreaty, with the exception of the undermentioned clauses of Articles 1 and 4

Of Article 1, the Siamese desire to retain the following clause --

" British Merchants importing fire-arms, shot or gunpowder, are prohibitedfrom selling them to any party but the Government; should the Government notrequire such fire-arms, shot or gunpowder, the Merchants must re-export thewhole of them."

Article 4 stipulates that no charge or duty shall be levied on boats carryingcargo of British ships at the bar. The Siamese desire to cancel this clause for thereason that the old measurement duty of 1,700 ticals per fathom included the feesof the various officers. But as this measurement duty has now been abolishedthe Siamese wish to levy on each native boat taking cargo out to sea a fee of 8ticals 2 salungs, this being the charge paid by Siamese traders; and Mr. Parkesundertakes to submit this point to the consideration of Her Majesty's MinisterPlenipotentiary to the Court of Siam.

ARTICLE 2,

On the exdusive jurisdiction of the Oonsul over British subjects.

The 2nd Article of the Treaty stipulates that " any disputes arising betweenthe British and Siamese subjects shall be heard and determined by the Councilin conjunction with the proper Siamese officers; and criminal offenders will bepunished, in the case of English offenders, by the Consul according to English laws

SIAM NO. V-1856.

and in the case of Siamese offenders, by their own laws, through the Siameseauthorities." But the Consul shall not interfere in any matters referring solely toSiamese, neither will the Siamese authorities interfere in questions which onlyconcern the subjects of Her Britannic Majesty.

On the non-interference of the Consul with the Siamese, or of the Siamese withBritish subjects, the said Royal Commissioners desire, in the first place, to statethat, while for natural reasons they fully approve of the Consul holding no juris-dictin over Siamese in their own country, the Siamese authorities, on the otherhand, will feel themselves bound to call on the Consul to apprehend and punishBritish subjects, who shall commit, whilst in Siamese territory, any grave infrac-Lions of the laws, such as cutting, wounding or inflicting other serious bodily harm.But in disputes or in offences of a slighter nature committed by British subjectsamong themselves, the Siamese authorities will refrain from all interference.

With reference to the punishment of offences, or the settlement of disputes, itis agreed-

That all criminal cases in which both parties are British subjects, or in whichthe defendant is a British subject, shall be tried and determined by the BritishConsul alone.

All criminal cases in which both parties are Siamese, or in which the defendantis a Siamese, shall be tried and determined by the Siamese authorities alone.

That all civil cases in which both parties are British subjects, or in which thedefendant is a British subject, shall be heard and determined by the British Consulalone. All civil cases in which both parties are Siamese or in which the defendantis a Siamese, shall be heard and determined by the Siamese authorities alone.

That whenever a British subject has to complain against a Siamese, he mustmake his complaint through the British Consul, who will lay it before the properSiamese authorities.

That in all cases in which Siamese or British subjects are interested, the Siameseauthorities in the one case, and the British Consul in the other, shall be at libertyto attend at and listen to the investigation of the case, and copies of the proceed-ings will be furnished from time to time, or whenever desired, to the Consul or theSiamese authorities, until the case is concluded.

That although the Siamese may interfere so far with British subjects as to callupon the Consul in the manner stated in this Article, to punish grave offences whencommitted by British subjects, it is agreed that-

British subjects, their persons, houses, premises, lands, ships or property of anykind shall not be seized, injured, or in any way interfered with by the Siames3.In case of any violation of this stipulation, the Siamese authorities will take cogni-sance of the case, and punish the offenders. On the other hand, Siamese subjects,their persons, houses, premises, or property of any kind shall not be seized,injured, or in any way interfered with by the English, and the British Consul shallinvestigate and punish any breach of this stipulation.

SIAM NO. V-1856.

ARTICLE 3.

On the right of the British Subjects to dispose of their property at will.

By the 4th Article of the Treaty, British subjects are allowed to purchase in

Siam " houses, gardens, fields or plantations." It is agreed in reference to thisstipulation, that British subjects, who have accordingly purchased houses, gardens,fields, or plantations, are at liberty to sell the same to whomsoever they please.

In the event of a British s~bject dying in Siam, and leaving houses, lands or anyproperty, his relations, or those persons who are his heirs according to Englishlaws, shall receive possession of the said property; and the British Consul, or

some one appointed by the British Consul, may proceed at once to take charge ofthe said property on their account. If the deceased should have debts due to him

by the Siamese or other persons, the Consul can collect them; and if the deceasedshould owe money, the Consul shall liquidate his debts as far as the estate of thedeceased shall suffice.

ARTICLE 4.

On the taxes, duties, or other charges leviable on British subjects.

The 4th Article of the Treaty provides for the payment on the lands heldor purchased by British subjects, of " the same taxation that is levied on Siamese

subjects." The taxes here alluded to are those set forth in the annexed schedule.Again, it is stated in the 8th Article, " that British subjects are to pay import

and export duties according to the tariff annexed to the Treaty." For the sake ofgreater distinctness, it is necessary to add to these two clauses the following ex-planation, namely, that besides the land tax, and the import and export duties

mentioned in the aforesaid articles, no additional charge or tax of any kind may beimposed upon a British subject, unless it obtain the sanction both of the supremeSiamese authorities and the British Consul.

ARTICLE 5.

On passes and port clearances.

The 5th Article of the Treaty provides that passports shall be granted to travel-lers, and the 5th Article of the regulations, that port clearances shall be furnishedto ships. In reference thereto, the said Royal Commisssioners, at the request ofMr. Parkes, agree that the passports to be giveh to British subjects travellingbeyond the limits assigned by the Treaty for the residence of British subjects,together with the passes for cargo boats and the port clearances of British ships,shall be issued within twenty-four hours after formal application for the same shall

have been made to the proper Siamese authorities. But if reasonable cause should

127

SIAM NO. V-1856.

at any time exist for delaying or withholding the issue of any of these papers, the

Siamese authorities must at once communicate it to the Consul.

Passports for British subjects travelling in the interior, and the port clearances

of British ships, will be granted by the Siamese authorities free of charge.

ARTICLE 6.

On the prohibition of the exportation of rice, salt, and fish and on the duty on paddy.

The 8th Article of the Treaty stipulates that " whenever a scarcity may be

apprehended of salt, rice and fish, the Siamese Government reserve to themselvesthe right of prohibiting, by public proclamation, the exportation of these articles."

Mr. Parkes, in elucidation of this clause, desires an agreement to this effect,

namely, that a month's notice shall be given by the Siamese authorities to the

Consul prior to the enforcement of the prohibition, and that British subjects, who

may previously obtain special permission from the Siamese authorities to export a

certain quantity of rice which they have already purchased, may do so even after

the prohibition comes in force. Mr. Parkes also requests that the export duty onpaddy should be half of that on rice, namely, 2 ticals per koyan.

The said Royal Commissioners, having in view the fact that rice forms the

principal sustenance of the nation, stipulate that, on the breaking out of war or

rebellion, the Siamese may prohibit the trade in rice, and may enforce the prohibi-tion so long as the hostilities thus occasioned shall continue. If a dearth should

be apprehended on account of the want or excess of rain, the Consul will be informedone month previous to the enforcement of the prohibition. British merchantswho obtain the Royal permission upon the issue of the proclamation, to export a

certain quantity of rice which they have already purchased, may do so irrespective

of the prohibition to the contrary ; but those merchants who do not obtain the

Royal permission will not be allowed, when the prohibition takes effect, to exportthe rice they may already have purchased.

The prohibition shall be removed as soon as the cause of its being imposed shallhave ceased to exist.

Paddy may be exported on payment of a duty of 2 ticals per koyan, or half the

amount levied on rice.

ARTICLE 7.

On permission to import gold-leaf as bullion.

Under the 8th Article of the Treaty, bullion may be imported or exported free

of charge. With reference to this clause, the said Royal Commissioners, at therequest of Mr. Parkes, agree that foreign coins of every denomination, gold and

silver in bars or ingots, and gold-leaf, may be imported free ; but manufactured

articles in gold and silver, plated-ware and diamonds or other precious stones

must pay an import duty of three per cent.

SIAM NO. V-1856.

ARTICLE 8.

On the establishment of a Custom House.

The said Royal Commissioners, at the request of Mr. Parkes, and in conformitywith the intent of the 8th Article of the new Treaty, agree to the immediate es-tablishment of a Custom House, under the superintendency of a high Governmentfunctionary, for the examination of all goods landed or shipped, and the receiptof the import and export duties due thereon. They further agree that the businessof the Custom House shall be conducted under the regulationg annexed to thisagreement.

ARTICLE 9.

On the subsequent taxation of articles now free from duty.

Mr. Parkes agrees with the said Royal Commissioners that whenever the SiameseGovernment deem it to be beneficial for the country to impose a single tax or dutyon any article not now subject to a public charge of any kind they are at libertyto do so, provided that the said tax be just and reasonable.

ARTICLE 10.

On the boundaries of the four-mile circuit.

It is stipulated in the 4th Article of the Treaty that " British subjects comingto reside at Bangkok may rent land, and buy or build houses, but cannot purchaselands within a circuit of 200 sen (not more than four miles English) from the citywalls, until they shall have lived in Siam for ten years, or shall obtain specialauthority from the Siamese Government to enable them to do so."

The points to which this circuit extends due north, south, east and west of thecity, and the spot where it crosses the river below Bangkok, have accordingly beenmeasured by officers on the part of the Siamese and English; and their measure-ments, having been examined and agreed to by the said Royal Commissioners andMr. Parkes, are marked by stone pillars placed at the under-mentioned localities,viz..'-

On the North :-One sen north of Wat Kemabherataram.

On the East :-Six sen and seven fathoms south-west of Wat Bangkopi.

On the South :-About nineteen sen south of the village of Bangpakio.

On the West :-About two sen south-west of the village of Bangphrom.

The pillars marking the spot where the circuit line crosses the river belowBangkok are placed on the left bank, three sen below the village of Bangmananand on the right bank about one sen below the village of Banglampuluem.

SIAM NO. V-1856.

ARTICLE 11.

On the boundaries of the 24-hours' journey.

It is stipulated in the 4th Article of the Treaty that " excepting within the cir-

cuit of four miles ", British merchants in Siam may at any time buy or rent houses,

lands, or plantations, situated anywhere within a distance of twenty-four hours'

journey from the city of Bangkok, to be computed by the rate at which boats

of the country can travel.

The said Royal Commissioners and Mr. Parkes have consulted together on

this subject, and have agreed that the boundary of the said twenty-four hours'

journey shall be as follows

1. On the North.-The Bhangputsa Canal, from its mouth on the Chow Phya

River to the old City walls of Lobpary, and a straight line from Lobpary to thelanding-place of Thra of Phrangam, near to the town of Saraburi, on the River

Pasak.

2. On the East.-A straight line drawn from the landing-place of Thra Prangam

to the junction of the Klongkut Canal with the Bangpakong River ; the BangpakongRiver from the junction of the Klongkut Canal to its mouth ; and the coast from

the mouth of the Bangpakong River to the Isle of Srimaharajah, to such distanceinland as can be reached within twenty-four hours' journey from Bangkok.

3. On the South.-The Isle of Srimaharajah and the Islands of Sechange on

the east side of the Gulf, and the City walls of Petchaburi on the west side.

4. On the West.-The Western Coast of the Gulf to the mouth of the Mecklong

River to such a distance inland as can be reached within twenty-four hours' journey

from Bangkok; the Mecklong River from its mouth to the City walls of Kagpury ;

a straight line from the City walls of Kagpury to the Town of Swbharnapury, and

a straight line from the Town of Swbharnapury to the mouth of the BangputsaCanal on the Chow Phya River.

ARTICLE 12.

On the incorporation in the Treaty of this Agreement.

The said Royal Commissioners agree, on the part of Siamese Government,

to incorporate all the Articles of this Agreement in the Treaty concluded by the

Siamese Plenipotentiaries and Sir John Bowring on the 18th April 1855, whenever

this shall be desired by Her Britannic Majesty's Plenipotentiary.

In witness whereof the said Royal Commissioners and the said Harry Smith

Parkes have sealed and signed this Agreement in duplicate, at Bangkok, on the

thirteenth day of May, in the year one thousand eight hundred and fifty-six of

the Christian era, corresponding to the ninth day of the waxing moon of the lunar

130

SIAM NO. V-1856.

month of Wesakh, in the year of the Quadrupedi Serpent, being the year one

thousand two hundred and eighteen of the Siamese astronomical era, which is the

nineteenth of Her Britannic Majesty's and sixth of their present Siamese Majesty's

reigns.

His ROYAL HI-.GHNESS KROM HLUANG WONGSA DIIRAJ

SNIDH.

His EXCELLENCY SOMDET CHAN PHYA PARAM MAHA BIJAI

NEATE.

His EXCELLENCY CHAN PHYA SRI SURI-WONGSE SAMAHA

PHRA KALAHOME.

His EXCELLENCY CHAN PHYA PHRA KLANG.

HIS EXCELLENCY CHAN PHYA YOM MORAT.

HARRY S. PARKES.

Approved.JOHN BowRING.

Schedule of taxes on garden, ground, plantations and other lands.

Section 1.-Trenched or raised lands planted with the following eight sortsof fruit-trees are subject to the long assessment, which is calculated on the treesgrown on the land (and not on the land itself) ; and the amount to be collectedannually by the proper officers, and paid by them into the Royal Treasury, is en-dorsed on the title-deeds or official certificate of tenure.

1.-Bete-nut trees.

First class (Makek), height of stem from 3 to 4 fathoms, pay per tree 1S Cowries.

Second class (Makto), height of stem from 5 to 6 fathoms, pay pertree 128

Third class (Maktri), height of stem from 7 to 8 fathoms, pay per tree 118

Fourth class (Makpakarai), trees just commencing to bear, payper tree 128

Fifth class (Maklek), height of stem from 1 sok and upwards tosize of fourth class, pay per tree 50

2.-Cocoa-nut trees.

Of all sizes, from 1 sok and upwards in height of stem, pay per threetrees 1 Sa[ung.

3.-Siri Vines.

All sizes, from 5 sok in height and upwards, pay per tree or pole,when trained on tunglang trees . 200 Cowries.

SIAM NO. V-1856.

4.-fango trees.

Stem of four kum in circumference, at the height of 3 sok from theground, or from that size and upwards, pay per tree . 1 Fuang.

5.-Maprang trees.

Are assessed at the same rate as mango trees.

6.-Durion trees.

Stem of 4 kam in circumference, at the height 3 sok from theground, or from that size and upwards, pay per tree 1 Tical.

7.-Mangosteen trees.

Stem of 2 kam in circumference, at the height of 1 and a half

sok from the ground, pay per tree 1 Faung.

8.-Langsut trees.

Are assessed at the same rate as mangosteen.

Note.-Tbe long assessment is made under ordinary circumstances once only

in each reign, and plantations or lands having once been assessed at the above-

mentioned rates, continue to pay the same annual sum, which is endorsed on the

certificate of tenure (subject to the revisions granted in case of the destruction of

the trees by drought or flood) until the next assessment is made, regardless of the

new trees that may have been planted in the interval, or the old trees that may

have died off. When the time for the new assessment arrives, a fresh account

of the trees is taken, those that have died since the former one being omitted, and

those that have been newly planted being inserted, provided they have attainedthe above-stated dimensions, otherwise they are free of charge.

Section 2.-Trenched or raised lands planted with the following eight sorts of

fruit-trees are subject to an annual assessment, calculated on the trees grown

on the lands, in the following manner, that is to say-

1.-Orange trees.

Five kinds (Som-kio-wan, Som-pluck-bang, Som-l'-eparot, Som-

kao-Sungo), stem of six ugui in circumference close to the

ground, or from that size and upwards, pay per 10 trees . 1 Fuang.

All other kinds of orange trees of the same size as the above, pay

per 15 trees . 1 )2

2.-Jack fruit trees.

Stem of 6 kam in circumference, at the height of 2 sok from the

ground, or from that size and upwards, pay per 15 trees 1 Fuang.

SIAM NO. V-1856.

.- Bread fruit trees.

Are assessed at the same rate as Jack fruit trees.

4.-Mak fai trees.

Stem of 4 kam in circumference, at the height of 2 sok from theground, or from that size and upwards, pay per 12 trees 1 Fuang.

5.-Guava trees.

Stem of 2 kam in circumference, at the height of 1 kub from theground, or from that size and upwards, pay per 12 trees 1

6.-Saton trees.

Stem of six kam in circumference, at the height of 2 sok from theground or from that size and upwards, pay per 5 trees .

7.-Rombuton trees.

Stem of four kam in circumference, at the height of 2 sok from thegxound, or from that size and upwards, pay per 5 trees 1

8.-Pine apples.

Pay per thousand plants . . . 1 Salung 1 ,,

Section 3.-The following six kinds of fruit trees, when planted in trenchedor untrenched lands, or in any other manner than as plantations subject to thelong assessment described in section 1, are assessed annually at the undermentionedrates :-

Mangoes 1 Fuang per tree.

Tamarind . 1 . . 2 trees.

Custard apples . 1 ,, ,, 20Plantains . . . 1 . . 50 roots.

Siri vines (trained on poles) 1 ,, ,, 12 vines.

Pepper vines 1 ,, ,, 12

Section 4.-Trenched or raised lands planted with annuals of all sorts pay landtax of one salung and one fuang per rai for each crop.

An annual fee of 3 salungs and 1 fuang is also charged by the Nairowang (orlocal Tax Collector) for each lot or holding of trenched land, for which an officialtitle or certificate of tenure has been taken out.

When held under the long assessment, and planted with the eight sorts offruit-trees described in section 1, the annual fee paid to the Nairowang for eachlot or holding of trenched land, for which an official title or certificate of tenurehas been taken out, is 2 salungs.

SIAM-NO. V-1856.

Seclion 5.-Untrenched or low lands planted with annuals of all sorts pay aland tax of 1 salung and 1 fuang per rai for each crop.

No land tax is levied on those lands if left uncultivated.

Sixty cowries per tical are levied as expenses of testing the quality of the silveron all sums paid as taxes under the long assessment. Taxes paid under the annualassessment are exempted from this charge.

iLand- having once paid a tax according to one or other of the abovementionedrates are entirely free from all other taxes or charges.

His ROYAL HIGHNESS KROM HLUANG WONGSA DHIRAJ SNIDH.

His EXCELLENCY SOMDET CHAN PHYA PARAM MAHA BIJAI

NEATE.

His EXCELLENCY CHAN PHYA SRI SURI-WONGSE SAMAHA

PHRA KALAHOME.


His EXCELLENCY CHAN PHYA YOM MORAT.

HARRY S. PARKES.

Approved.

JOHN BOWRING.

Custom House Regulations.

1. A Custom House is to be built at Bangkok, near to the anchorage, andofficers must be in attendance there between 9 A.M. and 3 P.M. The businessof the Custom House must be carried on between those hours. The tide-waitersrequired to superintend the landing or shipment of goods will remain in waitingfor that purpose from day-light until dark.

2. Subordinate Custom House Officers shall be appointed to each ship: their

number shall not be limited, and they may remain on board the vessel or in boatsalongside. The Custom House Officers appointed to the vessels outside the barwill have the option of residing on board the ships, or of accompanying the cargoboats on their passage to and fro.

3. The landing, shipment, or transhipment, of goods may be carried on onlybetween sun-rise and sun-set.

4. All cargoes landed or shipped shall be examined and passed by the CustomHouse Officers within twelve hours of day-light after the receipt, at the CustomHouse, of the proper application. The manner in which such application andexamination is to be made shall be settled by the Consul and the Superintendent

of Customs.

5. Duties may be paid by British merchants in ticals, foreign coin, or bullion,the relative values of which will be settled by the Consul and the proper Siamese

134

SIAM-NOS. V-1856 AND VI-1868.

officers. The Siamese will appoint whomsoever they may please to receive pay-ment of the duties.

6. The receiver of duties may take from the merchants 2 salungs per cattyof 80 ticals for testing the money paid to him as duties, and for each stamped receiptgiven by him for duties he may charge 6 salungs.

7. Both the Superintendent of Customs and the British Consul shall be providedwith sealed sets of balance-yards, money weights, and measures, which may b6referred to in the event of any difference arising with the merchants as to the weightor dimension of money or goods.

His ROYAL HIGHNESS KROM HLUANG WONGSA DHIRAJSNIDH.

His EXCELLENCY SOMDET CHAN PHYA PARAM MARA BtyAt

NEATE.

HIS EXCELLENCY CHAN PHYA SRI SURI-WONGSE SAMAHA

PHRA KALAHONE.


His EXCELLENCY CHAN PHYA YOM MORAT.

IHARRY S. PARKES.

Approved.JOHN BOWRING.

No. VI.

1868.

LIEUTENANT ARTHUR HERBERT BAGGE, ROYAL ENGINEERS, HER BRITANNICMAJESTY'S COMMISSIONER, with powers from His EXCELLENCY the RIGHTHONOURABLE SIR JOHN LAWRENCE, VICEROY AND GOVERNOR-GENERAL OlINDIA, on the one part, CHOW PHYA SRI SURI WONGSE, the SAMNHA PHRAKALAHOME, PRIME MINISTER, PRESIDENT of the WESTERN and SOUTH-WESTERN PROVINCES, and CHOW PHYA PHUTTARAPHAI, the SAMNHA NA YOKE,PRESIDENT of the NORTHERN and NORTH-WESTERN PROVINCES, with fullpowers from HIS MAJESTY the KING of SIAM, on the other part, have unani-mously agreed to this CONVENTION regarding the BOUNDARIES on the MAIN-LAND between the KINGDOM Of SIAM and the BRITISH PROVINCE of TENASSERIM,to wit:

On the north the channel of the River " Maymuey" (Siamese) or " Thoung-yeng" (Burmese) up to its source in the" Pa Wau "range of mountains, the easternor right bank of the said river being regarded as Siamese territory, and the westernor left bank being regarded as English territory. Then along the " Pa Wau"

136 SIAM--NO. VI-1868.

range to the main watershed, and along it to " Khow Kra dook moo " or " Mooga-

dok Toung " in the province of " Thee tha Wat." Here the boundary line crosses

the valleys of the " Houng drau " and " Maygathat " Rivers in almost a straight

line, and meets the main watershed near the common source of the " Pha be sa "

and " Krata " Rivers. From this point it runs down the central range of moun-

tains which forms the main watershed of the Peninsula as far as " Khow Htam

Dayn" in the district of Chumpon, thence along the range known as " Khow

Dayn Yai" as far as the source of the " Kra-na-ey " stream, which it follows

to its junction with the Pakchan; thence down the Pakchan River to its mouth

the west or right bank belonging to the British, the eastern or left bank belonging

to the Siamese.

With regard to the islands in the River Pakchan, those nearest to the English

bank are to belong to the English and those nearest to the Siamese bank are to

belong to the Siamese, excepting the island of " Kwan" off Maleewan, which is

Siamese property.

The whole of the western bank of the River Pakchan down to Victoria Point

shall belong to the British, and the eastern bank throughout shall belong to Siam.

This Agreement, written both in Siamese and English, shall fix the boundary

line between the Kingdom of Siam and the British Province of Tenasserim for

ever.A Tabular Statement is attached to this Agreement, in which the various

boundary marks in the valleys and along the mountain ranges are specified, toge-

ther 'With their geographical positions.

Within the term of six months from the date of this Agreement, Her Britannic

Majesty's Commissioner shall forward two maps which shall be compared with

the present map now signed and sealed, showing the boundary in a " red line."

Should the two maps be found correct, the British and Siamese Governments

shall ratify the same.I Signed and sealed by the respective Commissioners at Bangkok on Saturday,

the fifteenth day of the waxing moon, the year of Rabbit, the 9th of the Decade

Siamese Civil Era 1229, corresponding with the eighth day of February 1868

of the Christian Era.

ARTHUR H. BAGGE, Lieut, R.E.

C. PHYA SRI SuRI WONGSE.

CHow PHYA PHUTTARAPHAI.

SIAM-NO. VI-1868.

TABULAR STATEMENT

OF

BOUNDARY MARKS.

SIAM-NO. VI-1869.

Boundary Marks.

Watershed of the Pawau Kyau

Main watershed

Ditto

Ditto

"Moo la a " Toung

Main watershed

" Moogadok " Toung

Phankalan Dg.

Hteeman Dg.

Cairns on the Houng drau river

lisa lan gyan Tg.

Hleing wa soo Tg.

Khondan Tg.

Bton ban Tg.

Peing tha noo Tg.

GEOGRAPHICAL

POSITION.

Lat. N.

16 27 47

16 20 0

16 9 5

Long. E.

98 50 50

98 53 10

98 48 20

16 9 5 1 98 46 10

16 5 45 198 42 3

16 -4 25

15 53 56

15 49 30

15 46 35

15 41 19

15 38 20

15 30 15

15 33 50

15 29 7

15 27 20

CONTIGUOUS DISTRICTS.

I - _______________

British.

Toungyeng

Ditto

Ditto

Ditto

Ditto

98 39 50 1 Houng drau

98 38 42

98 36 45

98 36

98 35

98 36 10

98 36 30

98 36 35

98 37 8

98 37 28

Ditto

Ditto

Ditto

Houng drau, At-taran.

Attaran

Ditto

Siamese.

Yaheing (B.) orRahayng (S.)

May ka loung (B.)or May Klaung(S.)

Ditto

Ditto

Ditto

Ditto

May-ka-loungThee tha wat.

Thee tha wat

Ditto

Ditto .

On the left banknear the mouthof the TaylayRiver.

Thee tha wat

138

Riy R R[S-Nq 0W IOTH SIDES.

.DE, scUserI RESLAIsTenasserim. 8jm

"Waleo youag"the recognizedsource of theThoungyeng, or" Maymuey ".

Phaupee

Wa Pa Ghay HteKlee thoo.

Poo pa

Head Waters ofthe Oukra.

May goola MqeGwee.

Ma ta la

lMay-l4-M pg 41efluent of theThoungyeng.

Proung-ta-goug-kah.

Klaungdo."

"No-pa-

Py nyo

Poi-too-roo-HteeKlee pleu tet-tonee Kleutau.

Maysau

Confluents of the" Maysau ".

Not on themair water-shed.

Along th(m~i4 wator

shed.

Ditto

Ditto

Dito

Ditto

Ditto

Crossing theHoung drauvalley.

Ditto

Ditto

Ditto

Ditto

The 4iutpsl source of twe lyereis about two miles along the spurwhich drains itself into the May-la-maung and Thoungyeng.

Tae Phaupee is called the " Onkok"lower down.

The "Wa Pa Ghay " and " HteeKlee thoo " are small qrpms atthe source of the " Onkerean";the "Poo pa " is larger.

The Karen village Patan is situatednear its source;

The prin4pi conflaens g thehead waters of the "Thoung-yeng " are (1) Walee, (2) Onkok,(3) Onkerean, (4) Oukra, (g) May6goola.

The "Mee Gwee " and the"Mayta la" fall into the"Houng drau "; the streamson the Siam side fall into the"May-ka-lo.pg ".

ufills on spurs of those names jut.ting out from the Moogadokrange.

On the left bank near the mouth ofthe Taylay River.

Limestone rocks.

Round hill on high tablelands of the" Pantoonan Kyan ".

sB AU-- o. W-

, o!

GEOGRAPHICAL CONTIGUOuS DISTRMCTS.

POSITION.

Boundary Marks.Lat. N. Long. E. British. Siamese.

! _ _ _ __ _ _ _ _

Cairns on the Maygathat River

Main watershed

Ditto .

Krondo-toung .

"Phaya Thou Soo " Toung

"Three Pagodas"

"Kwee waw " Toung

"Sadeik " Toung

"Kyouk pon doung"

"Day byoo " Toung

"Mayan " Doung

0 / 0

15 22 42

15 20 0

15 22 47

15 20 50

15 18 13

15 18 a

15 16 0

15 17 25

15 3 30

14 59 17

14 56 12

0 f .

98 37 10

98 35 4

98 31 30

98 27 30

98 25 55

98 25 29

98 22 30

98 15 0

98 15 15

98 12 40

Attaran

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Yay.

Yay.

"Yay" and th(Myit.ta districlin Tavoy.

98 14 45 Myit-ta

Thee tha wat

Phra thoo wanThee tha wat.

Phra thoo wan.

Ditto

Ditto

Ditto

Ditto

Don ka pon

Ditto

Ditto

Ditto

140 SIAM-NO. VI-i868.

SIAM-NO. VI-1868.

RIVERS RISING ON BOTH SIDES. I

Tenasserim.

Pha be sa

Siam.

Krata

Tee ko tha Teemay- Koo-yay Endeingoung. toung Khyoung.

Kron wa galay

Krou wa gyee

Head affluents ofthe "Krontau ".

Sadeik Kyoungand the southbranch of theKrontau.

Thit yuet Kg., asmall tributary ofthe Yay River.

Main source of theYay River, alsothat of the" Khan," a conflu-ent of the Kalean-oung.

Bya-ta-maleing

Sakay-wau

Kayat tweng Kg.and east branchof the "KhanKarau ".

Khan Karau

"Kha deingtharou," anaffluent of the" Htai Pha Ket ".

Main source of the" Htai Pha Ket,"called " Wee-kanau " and" Kyouk nee "

Source of the "Ma- Source of the Bee-yan," Kg. louk Kg.

Crossing the" Panto o-nan" rangeand theMaygathatvalley.

Along themain water-shed.

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

DESCRIPTIVE REMARKS.

The "Maygathat" receives thestreams on the Tenasserimside. The "Koo Yay" and"Endeing toung Khyoung"fall into the "Tharawa," aconfluent of the "ThoungKalay," which receives directthe "Byata-ma-leing " and"Sakaywau ".

These are three large heaps ofstones about 8 feet high, some20 feet apart in one line, hearing20' north-east. The stones areirregular blocks found near thespot at the base of the limestoneridge called "Phya thou sooToung ".

The " Krontau " falls into the" Lamee " branch of the AttaranRiver.

The "Khan Karau " is consideredthe north source of the " HtaiPha Ket ".

This hill derives its name from threepagoda-like stone heaps at itseastern base.

The " Kalean-oung " is anothername for the head of the TavcyRiver, where in former days therewas a city of that name.

The " Mayan Khyoung " is a largenorthern affluent of the "Zengba"which, with the " Kealean-oung,"forms the main source of theTav6y River.

2IAM-NO. Vi-1868.

Boundary Marks.

Hseng byoo Doung

Eap thean Doung

Zengba Doung .

" Ha- " Doung

Nat yay Doung (B)

Ten Kyeik (T).

Tok Kyay (K)

"Srooakhet " Doung

!'Amya Doung "

.1

Main watershed

Ditto

Ditto

Ditto

GEOGRAPHICALPOSITION.

Lat. N.

o I .

14 43

14 42

14 38 20

Long. E.

o , a

98 21

98 22

98 26 50

14 26 5291 98 32 0

14 22 47

14 0 0

13 50 7

13 44 35

13 37 45

13 19 47

98 33

99 1 0

99 5 5

99 7 10

99 8 40

99 10 27

CONTIGUOUS DISTRICTS.

British. Siamese.

Myit-ta

Ditto

Ditto

Ditto

Myit-ty

Ditto

Ditto

Ditto

Ditto

Ditto

13 0 01 99 11 30 1Merguidistrict

Don ka pon

Ditto .5

Don ka pon DenYeik.

Den Yeik

Ditto

Den Yeik Kan-boree.

Ditto

"Ratbooree"

Ditto

Ditto

Ratbooree PhaytCha-boo-zee.

m I I I

142

SIAM-NO. VI-1868.

RIVERS RISING ON BOTH SIDES.

DESCRIPTIVE REMjARKS.

Tenasserim. Siam.

Affluents of"Zengba ".

Affluents of" Beelouk ".

Zengba Kg. Kha- Kron. k a- b r o o,moung Thway. source of the

Kasamai.

Kronta, a tributaryof the KhamoungThway.

Khamoat Kg. "hyapata," also called"Ngayan-nee ".

".seng byoo deing""Kanaywala," af-fluents of theTenasserim River.

Amya Khyoung

Ba yet-kha .

"Hta-pa-ngay," thesource of the"Mayhteng ".

Source of the"May Phya" or"May phra ".

Nooloo Banloo

.1

Source of the May-nam-Nauey.

South source of the"Maynam Nauey"Htee Man-Koung,source of the"Maynam Ran ".

"Poungdee," "Lou-thon," affluentsof the "Htai PhaKet ".

Kron-padee

Hwey "Naug-ta-ma ".

Hwey "N a mKayo," the sourceof the Bandee-book.

Phoo-la-kan

Sources of the"May-phra-chee"and the "Khla-ung-Phayt ".


Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

A pass leads through these two hillsgenerally called the "IHseng-byoo-doung " Pass. The Bee-louk falls into the "Htai PhaKet ".

The " Kron-ka-broo" and "Kasa-mai" Rivers fall into the Beelouk.The "Kha-moung Thway " is thenorth confluent of the TenasserimRiver.

The "May-nam-Nauey" falls intothe " Htai Pha Ket " at " DenYiek ".

In former days the pass crossed thewatershed by this hill, and wascalled the " lat-yay doung Pass,"though the route has beenchanged, it still retains the name.

Pass from Ban "Wangmenk," hoAmya, a village in the TenasserimRiver.

The east drainage, i.e., on the Siamside, falls into the Mayphra chee,which forms the main drainageline of the Rat-booree District andempties itself into the Htai PhaKet.

All the rivers on the west side fallinto the Great Tenasserim River.

"Khlaung Phayt " is the shortname for the Phayt Cha-boo-reeRiver.

143

SIAM-NO. VI-1868.

GEOGRAPHICAL CONTIGrous DISTICTS.

POSITION.

Boundary Marks.

Lat. N. Long. E. British. Siamese.

Main watershed

"Khow Htay-wada"

Main watershed

" Khow Maun " or " Mandoung "1 11

.Main watershed

99 15 10 1 Mergui district .

0 1 11

12 47 0

12 18 7

11 54 50

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

.111 23 15 199 22 45

99 19 50

99 16 30

Khow Htam Placy Lamay.

"Phayt Cha-boo-ree," MenangPran.

Menang Pran,Menang Kooiy.

Menang Kooiy

Ditto

Bang-ta-phang

Ditto

Ditto

Meng-ang Bang-ta-phang.

Mewong Pahtee,0.

144

99 23 10

99 34 25

99 37 8

99 31 35

47 28

11 39 55

Ditto

Ditto

Khow Phra

11 17 0

11 12 0

0 1

10 57 7 99 7 20 Ditto

SIAM--NO. VI-1868.


Tenasserim.

"Hteelan ".Pho Maee

Kwon Yai, tribu-tary of the Taket,south source ofthe Sarawa River.

"Maynam," an af-fluent of theThean-Khwon.

Siam.

Khlaung May laleen, also 'thesource of thePran river.

Khlaung'Kooiy"

Phraykdurin.

Phrayk

Keeyun

"Phrayk ton-ka-ta,"south source ofthe Kooiy River.

Source of theI Khlaung ai"Thean-Khwon".1

Khlaung ChanKhow, southaffluent of the"Thean.Khwon".

"Khlaung Pawaey, '

affluent of the" Nga-won ".

"Khlaung Phalen-ang," affluent ofthe "Nga-won ".

Main source of the"Nga - won,"Khlaung KhowPhra, affluent ofthe east LaynyaRiver.

A source of eastbranch of theLaynay River,called " KhlaungKhow boon ".

Source of the Kha-laung Chakkra.

Hwey kanyang, tri-butary of theKhlaung Krootand source of the"Bang-ta-phangYai ".

Khlaung Luary,affluent of the" Bang-ta-phangYai ".

Source of the" Bang-ta-phangNanay" andsource of theKhlaung HtaSay.

Khlaung "Samay"Khlaung "Kama-yoo," an affluentof the Khlaung"Hta Say ".


Ditto

Ditto

Ditto

Ditto.

Ditto

Ditto.

Ditto.

Ditto.

Ditto

DESCRIPTIVE REMARKS.

The Sarawa River falls into theGreat Tenasserim. The KhlaungPran and the Khlaung Kooiy aremain drainage lines, which emptythemselves into the Gulf of Siam.

The Khlaung Phrayk Kooiy is aprincipal confluent of the PranRiver.

The " Phrayk Keeyun durin "is thenorth source of the Kooiy River.

The "Nga Won" and "TheanKhwon" Rivers unite to formwhat is generally called the littleTenasserim River, which falls intothe "Great Tenasserim" at thattown, which gives the name tothe provinces.

The " Khlaung Yai," "KhlaungChakkra," " Khlaung Kroot,"" Khlaung Bang-ta-phang Yai"" Khlaung Bang-ta-phang naney,"and the "Khlaung Hta Say," aresix large streams which collect theeastern drainage, and dischargethemselves into the Gulf of Siam.

The streams on the Siam side fallinto the Khlaung Hta Say wbinhis also called " Khlaung Choom.phaun," as it, flows by that town.


146

GEOGRArHICAL ( 0IgIGuo U TRW) ll,POSITION.

Boundary Markoa.Lat. N. Long. E. Bitish. sianooe.

0 .' 1 0

Main watershed . . 10 64 25 Q9 4 30 Merguj di tWpt. "Meang Chomphaun ".

Khow Htam Dayng . 10 47 27 98 56 35 Ditto Mozang CQhom-phauna nd Me-nang Kra.

Watevshed on the "Khow Dayau 10 48 14 8 55 40 Mexpi iltiet, XrsYai," ti A jark 91 tag Jynyn Male,-

asterx b~aum1. Wod.

sum-W). vt-mm.

SIAM-NO. VI-1808.

RIVmRS BISIN ON BOTH SWiES.

I I DEsaRIPTIVE REMARKS.

Tenasserim.

Main source ofKhlaung "Khow-boon,u easternsources of thewedt branth ofthe LaynyaRivia.

Main source of theWest LaynyaRiver.

Head affluent ofthe maith soUrceof the WestLayfilya Itier.

Siam.

I .1 -I

"Khlaung Tangannauey ".

"Khlaung Phairee.""KXhlMihg NahlDayng ".

Hwey kalong atthe head of theRapran.

Source of the Pak-chan, daled" Khlaung Ka.fili fs,


Ditto.

Ditto.

SIAM-NO. VI-1868.

From the VICEROY and GOVERNOR-GENERAL to the KING of SIAX.

AFTER TITLES

I have received your Majesty's gratifying letter on the subject of the settle.ment of the boundary line between the Kingdom of Siam and the British provinceof Tenasserim.

Lieutenant Arthur Herbert Bagge of the Royal Engineers, whom I had deputedas my Commissioner to demaroate the boundary, has also informed me of thesatisfactory conclusion of this matter. He reports that there is now only onepoint remaining for adjustment between the two Governments, viz., the sovereigntyof certain islands off the mouth of the Pakchan river.

There are altogether five isl~inds or groups of islands situated there, viz., theisland of Victoria, Saddle, Delisle, St. Matthew, and the Bird's-nest group.

Your Majesty's GovernmenT make no claim regarding St. Matthew and theBird's-nest group. Regazrdiug.the three other islands, I am inclined to view thefollowing as the best solution of the matter, viz., that the island of Victoria, whichis nearer to the British than the Siamese Coast, should belong to the British Gov-ernment, and that the two other islands, Saddle and Delisle, shall be consideredpart of your Majesty's territories. I have to invite your Majesty's friendly con-sideration to this proposed method of solving the only question remaining un-adjusted. Feeling confident that its reasonableness will commend itself to yourMajesty's judgment, I have affixed my seal and signature to the map prepared byLieutenant Arthur Herbert Bagge, in which the islands are divided in the mannerabove proposed; and I have directed the Secretary of my Government in theForeign Department to forward to your Majesty's Ministers the above map, witha duplicate, to which I have the honor to request that your Majesty will affix yourRoyal seal and signature, and will then direct its return to the Consul of HerMajesty the Queen of Great Britain and Ireland at Bangkok.

The 30th April 1868. JOHN LAWRENCE.

Be it known and made manifest unto all men that we, Chow Phya Sri SuriWongse Thi Samuha Phra Kalahome, and Chow Phya Phu Tharaphai Thi SamuhaNa Yok, on behalf of His Majesty the King of Siam, and Henry Alabaster, Esq.,Her Britannic Majesty's Acting Consul for the Kingdom of Siam, on behalf ofHer Britannic Majesty's Government, have on this third day of July in the year1868 of the Christian era, at Bangkok in the Kingdom of Siam, exchanged mapswhich we have carefully compared and examined and found to be fascimiles theone of the other, the one map bearing the seal of His Majesty the King of Siam,and the other that of His Excellency Sir John Laird Mair Lawrence, Viceroy andGovernor-General of India, and each of them showing the boundary line as finally

SIAM-NOS. VI-1868 AND VII-1874. 149

agreed upon between the dominions of His Majesty the King of Siam and British

Tenasserim.

In witness whereof we have hereunto subscribed our names and affixed ourseals of Office at Bangkok aforesaid on this third day of July in the year 1868 ofthe Christian era.

CHOW PHYA SRI SURI WONGSE.

CHOW PHYA PHU THARAPHAI.

No. VII.

1874.

Whereas the GOVERNMENT Of INDIA and the SIAMESE GOVERNMENT desire toconclude a TREATY for the purpose of promoting COMMERCIAL INTERCOURSE

between BRITISH BURMAH and the adjoining territories of CHANGMAI, LAKON,

and LAMPOONCHI, belonging to SIAM, and of preventing DACOITY and otherHEINOUS CRIMES in the territories aforesaid: The high contracting partieshave for this purpose named and appointed their PLENIPOTENTIARIES, thatis to say; His EXCELLENCY the RIGHT HONOURABLE THOMAS GEORGE

BARING, BARON NORTHBROOK Of STRATTON and a BARONET, MEMBER of thePRIVY COUNCIL of HER MOST GRACIOUS MAJESTY the QUEEN of GREAT

BRITAIN and IRELAND, GRAND MASTER of the MOST EXALTED ORDER of theSTAR Of INDIA, VICEROY and GOVERNOR-GENERAL Of INDIA in COUNCIL, has on

his part named and appointed CHARLES UMPHERSTON AITCHISON, ESQ.,COMPANION of the MOST EXALTED ORDER of the STAR Of INDIA; And HisMAJESTY SOMDETCH PHRA PARAMINDR MAHA CHULALONG KORN BODINDTHONG

DEPAYA MAAHA MONGKUT PURUSAYA RATORE-RAYARE-WIWONGSE VARUTMA-

WONGSE PRIBAT WARAKATTRYA RAJA NIKRADOM CHADURANTA PAROM MAHA

CHAKRABANTIARAY SANGKAT POROMDHAM MIK MAHARAJA DIRAY POROMNAT

POBIT PHRA CHULA CHOM KLAW CHOW YUHUA, SUPREME KING Of SIAM,

fifth of the present Royal Dynasty, who founded the Great City of BangkokAMARATNE KOSINDR MOHINDR AYUTHIA, has on his part named and appointedPHYA CHARON RAJA MAITRI, CHIEF JUDGE of the FOREIGN COURT, FIRST

MINISTER PLENIPOTENTIARY, PHYA SAMUD PURANURAX, GOVERNOR Of theDISTRICT Of SAMUDR PRAKAR, SECOND MINISTER PLENIPOTENTIARY, andPHRA MAHA MUNTRI SRIONGRAX SAMUHA, CHIEF of the DEPARTMENT of theROYAL BODY GUARD of the RIGHT, ADVISER; and EDWARD FOWLE, ESQ,,LUANG SIAMANUKROH, CONSUL for SIAM at RANGOON, ADVISER; and theaforesaid PLENIPOTENTIARIES having communicated to each other their re-

SIAM-NO. VII-1874.

spective full powers and found them to be in good and due form have agreedupon and concluded the following Articles

ARTICLE 1.

His Majesty the King of Siam will cause the Prince of Chiangmai to establishand maintain Guard Stations under proper officers on the Siamese bank of theSalween river, which forms the boundary of Chiangmai, belonging to Siam, andto maintain a sufficient police force for the prevention of murder, robbery, dacoity,and other heinous crimes.

ARTICLE 2.

If any persons, having committed dacoity in any of the territories of Chiangmai,Lakon, and Lampoonchi, cross the frontier into British territory, the Britishauthorities and police shall use their best endeavours to apprehend them. Suchdacoits when apprehended shall, if Siamese subjects, be delivered over to theSiamese authorities at Chiangmai ; if British subjects, they shall be dealt with bythe British officer in the Yoonzaleen District.

If any persons, having committed dacoity in British territory, cross the frontierinto Chiangmai, Lakon, or Lampoonchi, the Siamese authorities and police shalluse their best endeavours to apprehend them. Such dacoits when apprehendedshall, if British subjects, be delivered over to the British officer in the YoonzaleenDistrict; if Siamese subjects, they shall be dealt with by the Siamese authoritiesat Chiangmai.

If any persons, whether provided with passports under Article 4 of this Treatyor not, commit dacoity in British or Siamese territory and are apprehended in theterritory in which the dacoity was committed, they may be tried and punished bythe local courts without question as to their nationality.

Property plundered by dacoits, when recovered by the authorities on eitherside of the frontier, shall be delivered to its proper owners.

ARTICLE 3.

The Siamese authorities in Chiangmai, Lakon, and Lampoonchi will afford dueassistance and protection to British subjects carrying on trade or business in anyof those territories, and the British Government in India will afford similar assist-ance and protection to Siamese subjects from Chiangmai, Lakon, and Lampoonchicarrying on trade or business in British territory.

ARTICLE 4.

British subjects entering Chiangmai, Lakon, and Lampoonchi from BritishBurmah must provide themselves with passports from the Chief Commissioner ofBritish Burmah, or such officer as he appoints in this behalf, stating their names,calling, and description. Such passports must be renewed for each journey andmust be shown to the Siamese officers at the frontier stations, or in the interiorof Chiangmai, Lakon, and Lampoonchi on demand. Persons provided with pass.

150

SIAM-NO. VII-1874.

ports and not carrying any articles prohibited under the Treaty concluded betweenHer Majesty the Queen of England and His Majesty the King of Siam on theeighteenth April one thousand eight hundred and fifty-five, and the supplemeritaryagreement concluded between certain Royal Commissioners on the part of theSiamese Gcvernment and a Commissioner on the part of the British Government onthe thirteenth May one thousand eight hundred and fifty-six shall be allowed toproceed on their journey without interference; persons unprovided with passportsmay be turned back to the frontier, but shall not be subjected to further interfer-ence.

ARTICLE 5.

For the purpose of settling future disputes of a civil nature between Britishand Siamese subjects in Chiangmai, Lakon, and Lampoonchi, belonging to Siam,the following provisions are agreed to --

(a)-His Majesty the King of Siam shall appoint proper persons to be Judges inChiangmai with jurisdiction (1) to investigate and decide claims of British subjectsagainst Siamese subjects in Chiangmai, Lakon, and Lampoonchi; (2) to investi-gate and determine claims of Siamese subjects against British subjects enteringChiangmai, Lakon, and Lampoonchi from British Burmah and having passportsunder Article 4, provided such British subjects consent to the jurisdiction of theCourt ;

(b)-Claims of Siamese subjects against British subjects entering Chiangmai,Lakon, and Lampoonchi from British Burmah and holding passports under Article4, but not consenting to the jurisdiction of the Judges at Chiangmai appointed asaforesaid, shall be investigated and decided by the British Consul at Bangkok, orthe British officer of the Yoonzaleen District;

(c)-Claims of Siamese subjects against British subjects entering Chiangmai,Lakon, and Lampoonchi from British Burmah, but not holding passports underArticle 4, shall be investigated and decided by the ordinary local courts.

ARTICLE 6.

Siamese subjects in British Burmah having claims against each other mayapply to the Deputy Commissioner of the district in which they may happen tobe to arbitrate between them. Such Deputy Commissioner shall use his goodoffices to effect an amicable settlement of the dispute, and if both parties haveagreed to his arbitration, his award shall be final and binding on them. Simi-larly British subjects in Chiangmai, Lakon, and Lampoonchi having claims againsteach other may apply to any of the Judges at Chiangmai appointed underArticle 5, who shall use his good offices to effect an amicable settlement of thedispute, and if both parties have agreed to his arbitration his award shall befinal and binding on them.

ARTICLE 7.

Native Indian subjects of Her Britannic Majesty entering Chiangmai, Lakon,and Lampoonchi from British Burmah, who are not provided with passports under

XIV I

SIAM-NO. VII--S74.

Article 4, shall be liable to the local courts and the local law for offences committedby them in Siamese territories. Native Indian subjects as aforesaid, who are

provided with passports under Article 4, shall be dealt with for such offences by

the British Consul at Bangkok, or by the British officer in the Yoonzaleen Dis-

trict, according to British law.

ARTICLE 8.

The Siamese authorities in Chiangmai, Lakon, and Lampoonchi, and the British

authorities in the Yoonzaleen District, will at all times use their best endeavours

to procure and furnish to the Courts in the Yoonzaleen District and the Consular

Court at Bangkok and to the Court at Chiangmai respectively such evidence and

witnesses as may be required for the determination of civil and criminal cases

pending in these Courts.

ARTICLE 9.

In cases tried by the British officer of the Yoonzaleen District, or by the Judges

at Chiangmai appointed under Article 5, in which Siamese or British subjects

may respectively be interested, the Siamese or British authorities may respectively

depute an officer to attend and listen to the investigation of the case, and copies

of the proceedings will be furnished gratis to the Siamese or British authorities

respectively if required.

ARTICLE 10.

British subjects provided with passports under Article 4, who desire to pur-

chase, cut, or girdle timber in the forests of Chianginai, Lakon, and Lampoonchi,

must enter into written agreement for a definite period with the owner of the forest.

Such agreement must be executed in duplicate, each party retaining a copy and

each copy must be sealed by one of the Siamese Judges at Chiangmai appointed

under Article 5, and by the Prince of Chiangmai. A copy of every such agreement

shall be furnished by the Judge at Chiangmai to the British officer in the Yoonza-

leen District. Any British subject cutting or girdling trees in any forest without

the consent of the owner of the forest obtained as aforesaid, or after the expiry of

the agreement relating thereto, shall, if provided, with a passport, be liable to pay

such compensation to the owner of the forest as the British Consul at Bangkok

or the officer of the Yoonzaleen District may deem reasonable; if unprovided with

a passport, he may be dealt with by the local courts according to the law of the

country.

ARTICLE 11.

The Judges at Chiangmai appointed under Article 5, and the Prince *of Chiang-

mai, shall endeavour to prevent owners of forests from executing agreements with

more than one party for the same timber or forest, and to prevent any person from

improperly marking or effacing the marks on timber which has been lawfully cut

or marked by another person, and shall give such facilities as are in their power

to purchasers and fellers of timber to identify their property. If the owners of

fore,-ts prohibit the cutting, girdling, or removing of timber under agreements

152

SIAM-NO. VII-1874.

duly executed in accordance with Article 10, the Judges at Chiangmai appointedunder Article 5, and the Prince of Chiangmai, shall enforce the agreements, andthe owners of such forests acting as aforesaid shall be liable to pay such compen-sation to the persons with whom they have entered into such agreements as theJudges at Chiangmai appointed as aforesaid may deem reasonable.

ARTICLE 12.

British subjects entering Siamese territory from British Burmah must, accord-ing to custom and the regulations of the country, pay the duties lawfully prescribedon goods liable to such duty.

Siamese subjects entering British territory must, according to the regulationsof the British Government, pay the duties lawfully prescribed on goods liable tosuch duty.

ARTICLE 13.

The British officer of the Yoonzaleen District may, subject to the conditionsof this Treaty, exercise all or any of the powers that may be exercised by a BritishConsul under the Treaty concluded between Her Majesty the Queen of Englandand His Majesty the King of Siam on the eighteenth April one thousand eighthundred and fifty-five, and the supplementary Agreement concluded betweencertain Royal Commissioners on the part of the Siamese Government and a Com-missioner on the part of the British Government on the thirteenth May one thousandeight hundred and fifty-six.

ARTICLE 14.

Except as and to the extent herein specially provided, nothing in this Treatyshall be taken to affect the provisions of any Treaty or other agreement now inforce between the British and Siamese Governments.

ARTICLE 15.

After the lapse of seven years from the date on which this Treaty shall comeinto force and on twelve months' notice given by either party this Treaty shall besubject to revision by commissioners appointed on both sides for this purpose,who shall be empowered to decide on and adopt such amendments as experienceshall prove to be desirable.

ARTICLE 16.

This Treaty has been executed in English and Siamese, both versions havingthe same meaning, but as the British Plenipotentiary has no knowledge of theSiamese language, it is hereby agreed that in the event of any question of con-struction arising on this Treaty, the English text shall be accepted as conveyingin every respect its true meaning and intention.

ARTICLE 17.The ratification of this Treaty by His Excellency the Viceroy and Governor-

General of India having been communicated to the Siamese Plenipotentiaries,

153

SIAM-NOS. VII-1874 AND VIII-1883.

tbiA Treaty shall be ratified by His Majesty the King of Siam, and such ratifica-tion shall be transmitted to the Secretary to the Government of India in theForeign Department at Calcutta within four months or sooner if possible.

The Treaty having been so ratified shall come into force on the first January

one thousand eight hundred and seventy-five Anno Domini, corresponding withthe first day of the third Siamese moon in the year of Choh one thousand twohundred and thirty-six of the Siamese era, or on such earlier date as may be separate-

ly agreed upon.

In witness whereof the respective Plenipotentiaries have signed in duplicate,in English and Siamese, the present Treaty and have affixed thereto their respec-

tive Seals.

Done at Calcutta this fourteenth day of January in the year one thousand

eight hundred and seventy-four of the Christian era, corresponding to the twelfth

day of the second month of the twelfth waning moon of the year of Raka onethousand two hundred and thirty-five of the Siamese era.

Signature of first Signature of second

Siamese Envoy. Siamese Envoy.

C. U. AITCHISON,

Plenipotentiary on behalf

of the Viceroy and

Governor-General of India.

No. VIII.

TREATY between HER MAJESTY and His MAJESTY the KING Of SIAM for the Pre-vention of Crime in the Territories of CHIANGMAI, LAKON, and LAMPOONCHI,

and for the Promotion of Commerce between BRITISH BURMAH and theTerritories aforesaid.

SIGNED AT BANGKOK, 3RD SEPTEMBER 1883.

[Ratifications exchanged 7th May 1884.]

Whereas the relations of Peace, Commerce, and Friendship happily subsisting

between Great Britain and Siam are regulated by a Treaty bearing date the 18thApril 1855, and a Supplementary Agreement dated 13th May 1856 ; and, as regards

the territories of Chiangmai, Lakon, and Lampoonchi, by a special Treaty between

the Government of India and the Government of His Majesty the King of Siam,bearing date the 14th January 1874;

And whereas Her Majesty the Queen of the United Kingdom of Great Britainand Ireland, Empress of India, and His Majes ty the King of Siam, Sovereign of

Laos, Malays, Kareans, etc., etc., etc., with a v iew to the more effectual preven-

154

tion of crime in the territories of Chiangmai, Lakon, and Lampoonchi, belongingto Siam, and to the promotion of commercial intercourse between British Burmahand the territories aforesaid, have agreed to abrogate the said Treaty Special con-cluded on the 14th January 1874, and to substitute therefor a new Treaty, andhave named their respective Plenipotentiaries for this purpose, that is to say-

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland,Empress of India, William Henry Newman, Esq., Her Majesty's Acting Agent andConsul-General in Siam;

And His Majesty the King of Siam, Sovereign of Laos, Malays, Kareans, etc.,His Excellency Chow Pyha Bhanwongse Maha Kosa Thibodi, Grand Cross of theMost Hon'ble Order of the Crown of Siam, Grand Cross of the Most Noble Orderof the Chula Chom Klao, Grand Officer of the Most Exalted Order of the WhiteElephant, Member of the Privy Council, Minister for Foreign Affairs; PhyaCharon Raj Maitri, Grand Officer of the Most Exalted Order of the White Elephant,Knight Commander of the Most Noble Order of the Chula Chom Klao, Memberof the Privy Council, Chief Judge of the International Court; and Phya ThepPrachun, Grand Cross of the Most Hon'ble Order of the Crown of Siam, KnightCommander of the Most Noble Order of the Chula Chom Klao, Grand Officer ofthe Most Exalted Order of the White Elephant, Member of the Privy Council,Under-Secretary of State of the War Department.

The said Plenipotentiaries, after having communicated to each other theirrespective full powers, found in good and due form, have agreed upon and concludedthe following Articles :-

ARTICLE 1.

The Treaty between the Government of India and the Government of HisMajesty the King of Siam, bearing date the 14th January 1874, shall be and ishereby abrogated.

ARTICLE 2.

The Siamese authorities in Chiangmai, Lakon, and Lampoonchi will afforddue assistance and protection to British subjects carrying on trade or businessin any of those territories; and the British Government in India will afford similarassistance and protection to Siamese subjects from Chiangmai, Lakon, and Lam-poonchi carrying on trade or business in the British territory.

ARTICLE 3.

British subjects entering Chiangmai, Lakon, and Lampoonchi must providethemselves with passports from the Chief Commissioner of British Burmah, orsuch officer as he appoints in this behalf, stating their names, calling, and theweapons they carry, and description. Such passports must be renewed for eachjourney, and must be shown to the Siamese officers at the frontier stations, or inthe interior of Chiangmai, Lakon, and Lampoonchi on demand. Persons providedwith passports and not carrying any articles prohibited under the Treaty of the18th April 1855, or the Supplementary Agreement of the 13th May 1856;-shall beallowed to proceed on their journey without interference; persons unprovided

StAM-NO. V111[-1889.

SiAM-NO. VH-188J.

with passports may be turned back to the frontier, but shall not be subjected tofurther interference.

Passports may also be granted by Her Majesty's Consul-General at Bangkokand by Her Majesty's Consul or Vice-Consul at Chiangmai, in case of the loss ofthe original passport or of the expiration of the term for which it may have beengranted, and other analogous cases.

British subjects travelling in the Siamese territory must be provided withpassports from the Siamese authorities.

Siamese subjects going from Chiangmai, Lakon, and Lampoonchi into BritishBurmah must provide themselves with passports from the authorities of Chiangmai,Lakon, and Lampoonchi respectively, stating their name, calling, description,and the weapons they carry. Such passports must be renewed for each journey,and must be shown to the British officer at the frontier stations or in the interiorof British Burmah on demand.

Persons provided with passports and not carrying any prohibited article shallbe allowed to proceed on their journey without interference. Persons unprovidedwith passports may be turned back at the frontier, but shall not be subjected tofurther interference.

ARTICLE 4.

British subjects entering Siamese territory from British Bnrmah must, accord-ing to custom and the regulations of the country, pay the duties lawfully prescribedon goods liable to such duty.

Siamese subjects entering British territory will be liable, according to theregulations of the British Government, to pay the duties lawfully prescribed ongoods liable to such duty.

Tables of such duties shall be published for genera- information.

ARTICLE 5.

His Majesty the King of Siam will cause the Prince of Chiangmai to establishand maintain guard stations, under proper officers, on the Siamese bank of theSalween River, which forms the boundary of Chiangmai belonging to Siam, andto maintain a sufficient police force for the prevention of murder, robbery, dacoity,and other crimes of violence.

ARTICLE 6.

If any persons accused or convicted of murder, robbery, dacoity, or other

heinous crime in any of the territories of Chiangmai, Lakon, and Lampoonchiescape into British territory, the British authorities and police shall use their bestendeavours to apprehend them. Such persons when apprehended shall, if Siamesesubiects, or subjects of any third Power, according to the Extradition Law forthe time being in force in British India, be delivered over to the Siamese authori-ties at Chiangmai ; if British subjects, they shall either be delivered over to theSiamese authorities, or shall be dealt with by the British authorities as the ChiefCommissioner of British Burmah, or any officer duly authorized by him in thisbehalf, may decide.

i56

If any persons accused or convicted of murder, robbery, dacoity, or otherheinous crime in British territory, escape into Chiangmai, Lakon, or Lampoonchithe Siamese authorities and police shall use their best endeavours to apprehendthem. Such persons when apprehended shall, if British subjects, be deliveredover to the British authorities according to the Extradition Law for the timebeing in force in Siam; if Siamese subjects, or subjects of any third Power nothaving Treaty relations with Siam, they shall either be delivered over to theBritish authorities, or shall be dealt with by the Siamese authorities, as the lattermay decide, after consultation with the Consul or Vice-Consul.

ARTICLE 7.

The interests of all British subjects coming to Chiangmai, Lakon, and Lam-poonchi shall be placed under the regulations and control of a British Consul orVice-Consul, who will be appointed to reside at Chiangmai, with power to exercisecivil and criminal jurisdiction in accordance with the provisions of Article 2 ofthe Supplementary Agreement of the 13th May 1856, subject to Article 8 of thepresent Treaty.

ARTICLE 8.His Majesty the King of Siam will appoint a proper person or proper persons

to be a Commissioner and Judge, or Commissioners and Judges, in Chiangmai,for the purposes hereinafter mentioned. Such Judge or Judges shall, subjectto the limitations and provisions contained in the present Treaty, exercise civiland criminal jurisdiction in all cases arising in Chiangmai, Lakon, and Lampoonehibetween British subjects, or in which British subjects may be parties as com-plainants, accused, plaintiffs, or defendants, according to Siamese law; providedalways, that in all such cases the Consul or Vice-Consul shall be entitled to bepresent at the trial, and to be furnished with copies of the proceedings which,when the defendant or accused is a British subject, shall be supplied free of charge,and to make any suggestions to the Judge or Judges which he may think properin the interests of justice: provided also, that the Consul or Vice-Consul shallhave power at any time, before judgment, if he shall think proper in the interestsof justice, by a written requisition under his hand, directed to the Judge or Judges,to signify his desire that any case in which both parties are British subjects, or inwhich the accused or defendant is a British subject, be transferred for adjudic-ation to the British Consular Court at Chiangmai, and the case shall thereuponbe transferred to such last-mentioned Court accordingly, and be disposed of bythe Consul or Vice-Consul, as provided by Article 2 of the Supplementary Agree-ment of 13th May 1856.

The Consul or Vice-Consul shall have access, at all reasonable times, to anyBritish subject who may be imprisoned under a sentence or order of the said Judgeor Judges, and, if he shall think fit, may require that the prisoner be removed tozhe Consular prison, there to undergo the residue of his term of imprisonment.

The Tariff of Court-fees shall be published, and shall be equally binding on allparties concerned, whether British or Siamese.

SIAM-NO. VIII-1883.

SIAM-NO. VIII-1883.

ARTICLE 9.

In civil and criminal cases in which British subjects may be parties, and whichshall be tried before the said Judge or Judges, either party shall be entitled toappeal to Bangkok; if a British subject, with the sanction and consent of theBrit6sh Consul or Vice-Consul, and in other cases by leave of the presiding Judgeor Judges.

In all such cases a transcript of the evidence, together with a report from thepresiding Judge or Judges, shall be forwarded to Bangkok, and the appeal shall bedisposed of there by the Siamese authorities and Her Britannic Majesty's Consul-General in consultation.

Provided always that in all cases where the defendants or accused are Siamesesubjects the final decision on appeal shall rest with the Siamese authorities; andthat in all other cases in which British subjects are parties the final decision onappeal shall rest with Her Britannic Majesty's Consul-General.

Pending the result of the appeal, the Judgment of the Court at Chiangmaishall be suspended on such terms and conditions (if any) as shall be agreed uponbetween the said Judge or Judges and the Consul or Vice-Consul.

In such cases of appeal, as above set forth, the appeal must be entered in theCourt of Chiangmai within a month of the original verdict, and must be presentedat Bangkok within a reasonable time, to be determined by the Court at Chiangmai,failing which the appeal will be thrown out of Court.

ARTICLE 10.

The British authorities in the frontier districts of British Burmah, and theSiamese authorities in Chiangmai, Lakon, and Lampoonchi, will at all times usetheir best endeavours to procure and furnish such evidence and witnesses as maybe required for the determination of civil and criminal cases pending in the Consularand Siamese Courts at Bangkok and in Chiangmai respectively, when the import-ance of the affair may render it necessary.

ARTICLE 11.

British subjects desiring to purchase, cut, or girdle timber in the forests ofChiangmai, Lakon, and Lampoonchi must enter into a written agreement for adefinite period with the owner of the forests. The agreement must be executedin duplicate, each party retaining a copy, and each copy must be sealed by theBritish Consul or Vice-Consul and a Siamese Judge and Commissioner at Chiang-mai, appointed under Article 8 of this Convention, and be countersigned by a com-petent local authority, and every such agreement shall be duly registered in theBritish Consulate and in the Siamese Court at Chiangmai. Any British subjectcutting or girdling trees in a forest without the consent of the owner of the forestobtained as aforesaid, or after the expiration of the agreement relating to it, shallbe liable to pay such compensation to the owner of the forest as the BritishConsular Office at Chiangmai shall adjudge.

158

SIAM-NO. VII-1888.

Transfers of agreements shall be subject to the same formalities.

The charges for sealing, countersigning and registration shall be fixed at amoderate scale, and published for general information.

ARTICLE 12.

The Siamese Judges and Commissioners at Chiangmai appointed under Article 8shall, in conjunction with the local authorities, endeavour to prevent the ownersof forests from executing agreements with more than one party for the same timberor forests, and to prevent any person from illegally marking or effacing the markson timber which has been lawfully cut or marked by another person, and theyshall give such facilities as are in their power to the purchasers and fellers of timberto identify their property. Should the owners of forests hinder the cutting, girdl-ing, or removing of timber under agreements duly executed in accordance withArticle 11 of this Convention the Siamese Judges and Commissioners of Chiangmaiand the local authorities shall enforce the agreement, and the owners of such forestsacting as aforesaid shall be liable to pay such compensation to the persons withwhom they have entered into such agreements as the Siamese Judges and Commis-sioners at Chiangmai shall determine, in accordance with Siamese law.

ARTICLE 13.

Except as and to the extent specially provided, nothing in this Treaty shallbe taken to affect the provisions of the Treaty of Friendship and Commerce betweenHer Majesty and the Kings of Siam of the 18th April 1855, and the AgreementSupplementary thereto of the 13th May 1856.

ARTICLE 14.

This Treaty has been executed in English and Siamese, both versions havingthe same meaning ; but it is hereby agreed that in the event of any question aris-ing as to the construction thereof, the English text shall be accepted as conveyingits true meaning and intention.

ARTICLE 15.

This Treaty shall come into operation immediately after the exchange of theratifications thereof, and shall continue in force for seven years from that date,unless either of the two Contracting Parties shall give notice of their desire thatit should terminate before that date. In such case, or in the event of notice notbeing given before the expiration of the said period of seven years, it shall remainin force until the expiration of one year from the day on which either of the HighContracting Parties shall have given such notice. The High Contracting Parties,however, reserve to themselves the power of making, by common consent, anymodifications in these Articles which experience of their working may .show tobe desirable.

ARTICLE 16.

This Treaty shall be ratified, and ratifications exchanged at Bangkok as soonas possible.

159

SIAM-NOS. VI1I-1883 AND IX-1887.

In witness whereof the respective Plenipotentiaries have signed the same induplicate, and have affixed thereto their respective seals.

Done at Bangkok, the third day of September, in the year one thousand eighthundred and eighty three of the Christian era, corresponding to the second day ofthe waxing moon of the tenth month of the year of the Goat, one thousand twohundred and forty-five of the Siamese era.

W. H. NEWMAN.

(Signatures of the Siamese Plenipotentiaries.)

ANNEX.

List of heinous crimes appended to the Treaty made between Great Britainand Siam with regard to Chiangmai, Lakon, and Lampoonchi, this 3rd day ofSeptember 1883, in connection with the provisions of Article 6 of that Treaty withregard to the extradition of offenders

Murder. Counterfeiting coin or GovernmentCulpable homicide, stamps.

Dacoity. Kidnapping.Robbery. Rape.Theft. Mischief by fire or by any explosiveForgery. substance.

W. H. NEWMAN.

(Signatures of the Siamese Plenipotentiaries.)

No. IX.

NOTIFITIoN by the GOVERNMENT of INDIA, FOREIGN DEPARTMENT, No. 1012-E.,dated Simla, the 16th May 1887.

The following correspondence, embodying an agreement with the SiameseGovernment for reciprocal free trade on the Burma-Siam frontier, is publishedfor general information -

Dated Bangkok, the 28th January 1887.From-Her Britannic Majesty's Minister-Resident and Consul-Ceneral in Siam,To-The Siamese Minister for Foreign Affairs.

A representation reached me a short time ago from certain British traderswho are in the habit of importing goods across the frontier from Burma into Raheng,stating that they have been called upon by the Governor of that province to payimport duty at the rate of three per cent. in accordance with the Bangkok tariff,and asking me to instruct them whether they should comply with this demand.

I may observe to Your Royal Highness that although this frontie. trade hasexisted for many years past, it has not, to my knowledge, been the practice hithertoto levy any duties. The trade itself is probably of no great magnitude, but suchas it is, it no doubt is productive of benefit and convenience to the inhabitants

91AM-NO. IX-1887.

of Raheng and the neighbouring provinces of Northern Siam, who are thus enabledto supply themselves less circuitously than by the river route from Bangkok.

I do not desire to contest the right oi the Siamese Government to levy suchduties, if they think it desirable, after giving the usual public notice to the trade ;but I would beg to observe that, while the annual amount accruing to the RoyalTreasury from such duties would probably form an insignificant item of revenue,their imposition would probably have the effect of disproportionately restricting atrade which is without doubt advantageous to both Siam and Burma.

I have now the honour to inform Your Royal Highness that I am empoweredby His Excellency the Viceroy of India to propose to enter into an agreement thatthe overland trade shall be permitted to remain free as heretofore, with the ex-ception, however, of the duties on salt and articles liable to excise when producedin India, and maintaining the freedom of both Governments with regard to the im-position of restrictions on the importation of arms and ammunition.

Under such an agreement all merchandise from Siam would pass freely intoBurma, with the above exceptions, and vice versd. It is not proposed, however,to include in this arrangement the territories affected by the Treaty of 3rd Sep-tember 1883, unless the Government of His Majesty the King of Siam should desireit.

TRANSLATION of a LETTER from the SIAMESE MINISTER FOR FOREIGN AFFAIRS,

to HER BRITANNIC MAJESTY'S MINISTER-RESIDENT and CONSUL-GENERAL

in SIAM, dated Foreign Office, Bangkok, the 2nd February 1887.

1 have the honour to acknowledge the receipt of your note of the 28th of Jan-uary, relating to the import duty on goods across the frontier from Burma toRaheng, in which you inform me that you have been empowered by His Excel-lency the Viceroy of India to enter into an agreement with His Majesty's Govern-ment for the mutual regulation of the overland trade, the basis of which is fullygiven by you.

I have submitted your note to my Sovereign and His Majesty's Government,and I am directed to state in reply that the object of the proposed establishment ofcustoms stations on the frontier is to obtain accurate statistics of the trade of thekingdom, which have heretofore been very incompletely kept; and further thatHis Majesty's Government is willing to agree with you upon the following :-

The overland trade between Burma and Raheng shall remain free as hereto-fore, and only on salt and such articles as are liable to inland duty when producedin Siam, an excise duty shall be levied.

Both Governments reserve to themselves the right to make regulations for theimportation of arms and ammunition.

His Majesty's Government is not prepared at present to include in this arrange-mient the territories affected by the Treaty of 1883.

His Majesty's Government desires further that all traders should declare thevalue of the merchandize they carry on passing the frontier station, in order thatcomplete statistics may be kept.

SIAM-NO. X-1896.

No. X.

AGREEMENT between GREAT BRITAIN and FRANCE with regard to SfAM and the

UPPER MEKONG. SIGNED at LONDON JANUARY 15, 1896.

The Undersigned, duly authorisedby their respective Governments, havesigned the following Declaration:-

I. The Governments of GreatBritain and France engage to oneanother that neither of them will,without the consent of the other, inany case, or under any pretext,advance their armed forces into theregion which is comprised in thebasins of the Petchabouri, Meiklong,Menam and Bang Pa Kong (Petriou)rivers and their respective tributaries,together with the extent of coast fromMuong Bang Tapan to Muong Pase,the basins of the rivers on which thosetwo places are situated, and the basinsof the other rivers, the estuaries ofwhich are included in that coast; andincluding also the territory lying tothe north of the basin of the Menam,and situated between the Anglo-Siamese frontier, the Mekong river,and the eastern watershed of the MeIng. They further engage not toacquire within this region any specialprivilege or advantage which shall notbe enjoyed in common by, or equallyopen to, Great Britain and France andtheir nationals and dependents.These stipulations, however, shall notbe interpreted as derogating from thespecial clauses which, in virtue of thetreaty concluded on the 3rd October,1893, between France and Siam, applyto a zone of 25 kilom. on the right bankof the Mekong and to the navigationof that river.

II. Nothing in the foregoing clauseshall hinder any action on which the

Les Soussign4s diiment autor'6s parleurs Gouvernements respectifs, ont sign4la Dclaration suivante :-

I. Les Gouvernements de Grande-Bretagne et de France s'engagent mutuel-lement ia ne faire p6n6trer, dans aucuncas et sous aucun prhtexte, sans le con-sentement l'un de l'autre, leurs forcesarmdes dans la r~gion comprenant lesbassins des Rivieres Petchabouri, Meik-long, Menam, et Bang Pa Kong (Rivierede Petriou) et de leurs affluents respectifs,ainsi que le littoral qui s'6tend depuisMuong Bang Tapan jusqu'a Muong Pase,les bassins des rivieres sur lesquelles sontsitu~es ces deux villes, et les bassins desautres rivieres dont les embonchures sontincluses dans cette 6tendue de littoral;et comprenant aussi le territoire situ6 aunord du bassin du Mdnam entre lafrontiere Anglo-Siamoise, le fleuveM6kong, et la limite orientale du bassin duMe Ing. Ils s'engagent en outre hn'acqu6rir dans cette r6gion aucun pri-vilege on avantage particulier dont leb4n6fice ne soit pas commun 'a la Grande-Bretagne et ' la France, ia leurs nationauxet ressortissants, on qui ne leur serait pasaccessible sur le pied de l'6galit6. Cesstipulations, toutefois, ne seront pasinterpr6tes comme d6rogeant aux clausessp4ciales qui, en vertu du Trait6 conclu le3 Octobre, 1893, entre la France et leSiam, s'appliquent ' une zone de 25kilom. sur la rive droite du M6kong et 'ala navigation de ce fleuve.

II. Rien dans la clause qui precede nemettra obstacle a aucune action dont les

162

SIAM-N

two Powers may agree, and which theyshall think necessary in order to up-hold the independence of the Kingdomof Siam. But they engage not toenter into any separate agreementpermitting a third Power to take anyaction from which they are bound bythe present declaration themselves toabstain.

III. From the mouth of the NamHuok northwards as far as the Chinesefrontier the thalweg of the Mekongshall form the limit of the possessionsor spheres of influence of GreatBritain and France. It is agreed thatthe nationals and dependents of eachof the two countries shall not exerciseany jurisdiction or authority withinthe possessions or sphere of influenceof the other.

The police of the islands in this partof the river which are separated fromthe British shore by a branch of theriver shall, so long as they are thusseparated, be intrusted to the Frenchauthorities. The fishery shall be opento the inhabitants of both banks.

IV. The two Governments agreethat all commercial and other pri-vileges and advantages conceded inthe two Chinese provinces of YUnnanand Szechuen either to Great Britainor France, in virtue of their respectiveconventions with China of the 1stMarch, 1894, and the 20th June, 1895,and all privileges and advantages ofany nature which may in the future beconceded in these two Chinese pro-vinces, either to Great Britain orFrance, shall, as far as rests with them,be extended and rendered common toboth Powers and to their nationals anddependents, and they engage to usetheir influence and good offices with

0. X-1896. 163

deux Puissances pourraient convenir, etqu'elles jugeraient n6cessaire pour main-tenir l'ind6pendance du Royaume deSiam. Mais elles s'engagent 'a n'entrerdans aucun arrangement sdpar6 qui per-mette ia une tierce Puissance de faire cequ'elles s'interdisent r6ciproquement parla pr6sente D6claration.

III. A partir de l'embouchure du NamHuok et en remontant vers le nord jusqu"ala frontiere Chinoise, le thalweg duMdkong formera la limite des possessionsou spheres d'influence de la Grande-Bretagne et de la France. I1 est convenuque les nationaux et ressortissantsd'aucun des deux pays n'exerceront unejuridiction ou autorit6 quelconque dansles possessions ou la sphere d'influence del'autre pays.

Dans la partie du fleuve dont il s'agit,la police des ies s6par6es de la rive Bri-tannique par un bras du dit fleuveappartiendra aux autorit6s Franqaisestant que cette s6paration existera.L'exercice du droit de p~che sera communaux habitants des deux rives.

IV. Les deux Gouvernements convien-nent que tous les privileges et avantagescommerciaux ou autres, concdd6s dansles deux provinces Chinoises du Yiinnanet du Setchuen soit 'a la Grande-Bretagne,soit 'a la France, en vertu de leurs Con-ventions respective avec la Chine du iorMars, 1894, et du 20 Juin, 1895, et tousles privil'eges et avantages de nature quel-conque qui pourront 6tre conc~ds par lasuite dans ces deux memes provincesChinoises soit ia la Grande-Bretagne, soit'ala France, seront, autant qu'il dependd'eux, 6tendus et rendus communs auxdeux Puissances, 'a leurs nationaux etressortissants, et ils s'engagent 'a user 'acet effet de leur influence et de leurs bons

SIAM-NOS. X-1896 AND XI-1897.

the Chinese Government for this pur-pose.

V. The two Governments agree toname Commissioners delegated byeach of them, who shall be charged tofix by mutual agreement, after exa-mination of the titles produced oneither side, the most equitable de-limitation between the British andFrench possessions in the regionsituated to the west of the LowerNiger.

VI. In conformity with the stipu-lations of Article XL of the GeneralConvention concluded between GreatBritain and the Regency of Tunis onthe 19th July, 1875, which providesfor a revision of that Treaty " in orderthat the two Contracting Parties mayhave the opportunity of hereaftertreating and agreeing upon such otherarrangements as may tend still furtherto the improvement of their mutualintercourse, and to the advancementof the interests of their respectivepeople," the two Governments agreeat once to commence negotiations forreplacing the said General Conventionby a new Convention, which shallcorrespond with the intentions pro-posed in the Article above referred to.

Done at London, the 15th January1 96.

offices aupr'es du Gouvernement Chinois.

V. Les deux Gouvernements convien-nent de nommer des Commissaires d616-gu6s par chacun d'eux, et qui serontcharg~s de fixer de commun accord apresexamen des titres invoqu6s de part etd'autre, la d6limitation la plus 4quitableentre les possessions Anglaises et Fran-aises dans ]a r~gion situ6e 'a l'ouest du

Bas Niger.

VI. Conform4ment aux stipulations del'Article XL de la Convention G6n6raleconclue entre la Grande-Bretagne et laRgence de Tunis le 19 Juillet, 1875, quipr6voit une r~vision de ce Trait6 " afinque les deux Parties Contractantes puis-sent avoir occasion de traiter ult6rieure-ment et de convenir de tels arrange-ments qui puissent tendre encore davant-age 'a am6liorer leurs relations mutuelleset ' d6velopper les int6rts de leursnations respectives," les deux Gouverne-ments conviennent d'ouvrir imm6diate-ment des n~gociations en vue de rein-placer la dite Convention Gn~rale parune Convention nouvelle r6pondant auxintentions annonc6es dans l'Article quivient d'&tre cit6.

Fait a Londres, le 15 Janvier, 1896.

No. XI.

CONVENTION between GREAT BRITAIN and SIAM, SIGNED at BANGKOK, APRIL

6TH, 1897.

Her Britannic Majesty having communicated to His Majesty the King of Siamthe two first Articles of the Declaration signed between the Governments of GreatBritain and France on the 15th day of January 1896, as giving evidence of Englandand France's joint solicitude for the security and stability of the Kingdom ofSiam, His Majesty the King of Siam and Her Britannic Majesty, being desirousof making further provisions for securing the mutual interests of Siam and Great

164

SIAM-NOS. XI-1897 AND X1I-1899.

Britain, have agreed to conclude a Convention for this purpose, and have, there-fore, named as their respective Plenipotentiaries, that is to say:

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland,Empress of India, William John Archer, Esq., Her Majesty's Charge d'Affairesat Bangkok;

His Majesty the King of Siam, Kromaluang Devawongse Varoprakar, HisMajesty's Minister for Foreign A-Hairs, who, after having communicated to eachother their respective full powers, and found them to be in good and due form,have agreed upon and concluded the following Articles

ARTICLE I.

His Majesty the King of Siam engages not to cede or alienate to any otherPower any of his rights over any portion of the territories or islands lying to thesouth of Muong Bang Tapan.

ARTICLE II.

Her Britannic Majesty engages on her part to support His Majesty the Kingof Siam in resisting any attempt by a third Power to acquire dominion or to es-tablish its influence or Protectorate in the territories or islands above mentioned.

ARTICLE III.

Her Britannic Majesty having engaged by the preceding Article to supportHis Majesty the King of Siam in resisting any attempt by any third Power toacquire dominion or to establish influence or Protectorate in any of the territories orislands above mentioned, His Majesty the King of Siam engages not to grant, cede,or let any special privilege or advantage, whether as regards land or trade, withinthe above specified limits, either to the Government or to the subjects of a thirdPower without the written consent of the British Government, and Her BritannicMajesty engages to support His Majesty the King of Siam in the execution of thisArticle.

In Witness whereof the above-named Plenipotentiaries have signed and sealedthe present Convention, in duplicate, at Bangkok, on the 6th day of April, in theyear 1897 of the Christian Era.

W. J. ARCHER.

DEVAWONGSE.

No. XII.

AGREEMENT RESPECTING THE REGISTRATION OF BRITISH SUBJECTS IN SIAM, SIGNED

AT BANGKOK, NOVEMBER 29TH, 1899.

The Governments of Her Majesty the Queen of the United Kingdom of GreatBritain and Ireland, Empress of India, and of His Majesty the King of Siam,

SIAM-NO. XII-1899.

recognizing the necessity of having a satisfactory arrangement for the registrationof British subjects in Siam, the undersigned, Her Britannic Majesty's MinisterResident and His Siamese Majesty's Minister for Foreign Affairs, duly authorizedto that effect, have agreed as follows

The registration according to Article V of the Treaty of April 18th, 1855, ofBritish Subjects residing in Siam, shall comprise the following categories --

(1) All British natural born or naturalized subjects, other than those of Asiaticdescent.

(2) All children and grandchildren born in Siam of persons entitled to be re-gistered under the first category, who are entitled to the status of British subjectsin contemplation of English law.

Neither great-grandchildren nor illegitimate children born in Siam of personsmentioned in the first category are entitled to be registered.

(3) All persons of Asiatic descent, born within the Queen's dominions, ornaturalized within the United Kingdom, or born within the territory of anyPrince or State in India under the suzerainty of, or in alliance with, the Queen.

Except natives of Upper Burma or the British Shan States who became domi-ciled in Siam before January 1st, 1886.

(4) All children born in Siam of persons entitled to be registered under the thirdcategory.

No grandchildren born in Siam or persons mentioned in the third categorya re entitled to be registered for protection in Siam.

(5) The wives and widows of any persons who are entitled to be registered underthe foregoing categories.

II

The lists of such registration shall be open to the inspection of a properly author-ized Representative of the Siamese Government on proper notice being given.

III

If any question arises as to the right of any person to hold a British certificateof registration or as to the validity of the certificate itself, a joint inquiry shallbe held by the British and Siamese authorities and decided according to the condi-tions laid down in this Agreement, upon evidence to be adduced by the holderof the certificate, in the usual way.

IV

Should any action, civil or criminal, be pending while such inquiry is goingon, it shall be determined conjointly in what Court the case shall be heard.

16t6

SIAM-NOS. XIT AND XIII-1899.

V

It the person, in respect of whom the inquiry is held, come within the conditionsfor registration laid down in Article I, he may, if not yet registered, forthwithbe registered as a British subject and provided with a certificate of registration atHer Britannic Majesty's Oonsulate; otherwise he shall be recognized as fallingunder Siamese jurisdiction, and if already on the lists of Her Britannic Majesty'sConsulate, his name shall be erased.

In witness whereof the undersigned have signed the same in duplicate andhave affixed thereto their seals at Bangkok, on the 29th day of November 1899,of the Christian era, corresponding to the 118th year of Ratanakosindr,

GEORGE GREVILLE.

DEVAWONGSE VAROPAKAR,

No, XIII.

AGREEMENT SIGNED 29TH NOVEMBER 1899.

The Government of Her Britannic Majesty on the one part, acting in the namesand on behalf of the Sultans of Perak and Pahang, and the Government of HisSiamese Majesty on the other part, considering that it is desirable to settle allfrontier disputes in the Malay Peninsula, and to define the boundaries betweenthe abovenamed States of Perak and Pahang on the one side, and th Siameseprovince of Raman and the Siamese dependencies of Kedah, Kelantan, and Tringanuon the other, the undersigned, Her Britannic Majesty's Minister Resident andHis Siamese Majesty's Minister for Foreign Affairs, duly authorised to that effect,have -agreed as follows --

I. The boundary between Perak and Kedah is as follows

From the point on the Krian River near Bukit Toongal along theKrian River to its source in Bintang as shown in the map* annexedto this Agreement, and marked (A to B).

II. The boundary between Perak and Raman, as shown in the map* an-nexed to this Agreement, and marked (B, C, D, E, F) is as follows --

(1) A straight line from Bingtang to Kenderung, from (B to C).

(2) A straight line from Kenderung to a point on the River Rui, about4 miles above its mouth, from (C to D).

(3) From the point marked (D) a straight line to the end of the spuron the Parek River near Jeram Pala, marked (E), which marksthe northern drainage of the River Sengo.

(4) The line of northern drainage of the River Sengo to the main water-shed, from (E to F).

t Not printed.

SIAM-NOS. XIII-1899 AND XIV-1900.

III. The boundary between Perak and Pahang on the one side, and Kelantanon the other, is the main watershed.

IV. The boundary between Pahang and Tringanu is-

(1) The main watershed.

(2) Then the southern drainage of the Kenaman River until it meetsthe watershed of the Chendar River.

(3) Then the northern drainage of the Chendar River to Tanjong Glugoron the sea coast.

In witness whereof the undersigned have signed the same in duplicate, andhave affixed thereto their seals at Bangkok on the 29th day of November in the

year 1899 of the Christian era, corresponding to the 118th year of Ratanakosindr.

GEORGE GREVILLE.

DEVAWONGSE VAROPRAKAR.

No. XIV.

AGREEMENT BETWEEN THE UNITED KINGDOM AND SIAM RELATIVE TO TAXATION

ON LAND HELD OR OWNED BY BRITISH SUBJECTS IN SIAM.--SIGNED AT

BANGKOK, 20TH SEPTEMBER 1900.

In order to facilitate the financial arrangements of the Siamese Governmentand on condition that taxation on land rented, held, or owned by British subjectsshall nowhere exceed taxation levied on similar land in Lower Burma, Her BritannicMajesty's Government consent to the abrogation of the Schedule of Taxes in fivesections annexed to the Supplementary Agreement between Great Britain and Siamsigned at Bangkok on the 13th May 1856. His Siamese Majesty's Government

having assented to the above condition, the undersigned, Her Britannic Majesty'sCharg6 d' Affaires in Siam, and His Siamese Majesty's Minister of Foreign Affairs,duly authorized to that effect, have agreed as follows

1. The words " The taxes here alluded to are those set forth in the annexed

Schedule " appearing in Article IV of the Agreement supplementary to the Treatyof Friendship and Commerce between Siam and Great Britain, signed at Bangkokon the 13th May 1856, shall be and are hereby deleted.

2. The Schedule, in five sections, of taxes on garden, ground, plantations,and other lands, annexed to the abovementioned agreement, shall be and is herebyabrogated.

In witness whereof the undersigned have signed the same in duplicate, and

affixed thereto their seals at Bangkok on the twentieth day of September in tileyear one thousand nine hundred of the Christian era, and in the one hundred andnineteenth year of Ratnakosindr.

Wm. ARCHER.

DEV4WONGSE VAROPRAEAR.

SIAM-NO. XV-1902.

No. XV.

DECLARATION.

The undersigned, duly authorized by their respective Governments, aftercareful examination of the present condition of the States of Kelantan and Treng-ganu, and of the arrangements which it is expedient to make with regard to theiradministration, have agreed upon the terms of a draft Agreement, of which a copyis annexed to this Declaration, to be concluded between His Siamese Majesty andthe Rajas of those States.

It is agreed that this draft shall at once be communicated to the Rajas for thepurpose of procuring their adhesion to it.

As the common object of both Governments throughout the negotiations hasbeen to maintain the security and stability of the Kingdom of Siam and its De-pendencies, and to promote the good Government of those Dependencies, andthe contentment and prosperity of their peoples, His Britannic Majesty's Govern-ment undertake to instruct their Representatives and officers in the MalayPeninsula to co-operate cordially for the successful working of the Agreement,His Siamese Majesty's Government on their part undertaking that its provisionsshall be faithfully observed by their officers, and that there shall be no interferencein the affairs of the States otherwise than as provided for in the Agreement.

Done at London, the 6th day of October 1902.

LANSDOWNE.

PHYA SRI SAHADEB.

Draft Agreement.WHEREAS the STATE of KLANTAN HAS BEEN RECOGNIZED to be a DEPENDENCY

TRENGGANU

Of SIAM, and WHEREAS it is DESIRABLE to DEFINE the PRINCIPLES UNDER WHICH

THE GOVERNMENT OF THAT STATE IS IN FUTURE TO BE CONDUCTED, IT IS HEREBY

AGREED BETWEEN REPRESENTING HIS MAJESTY THE KING OF SIAM, AND

THE RAJA OF XEAN , AS FOLLOWS:-TRENGGANU A

ARTICLE 1.

KelantanThe Raja of Trengganu engages to have no political relations or politicaldealings with any foreign Power or Chiefs of States, except through the mediumof the Government of His Majesty the King of Siam.

ARTICLE 2.

Hi -Majesty the King of Siam reserves the right to nominate officers to beKelantanAdviser and Assistant Adviser in the State of Trenggau to act as the Represent-

e antanative (or Agent) of His Majesty. The Raja nun engages to pay theAdvise, and Assistant Adviser such salaries as may be required by His Siamese

SIAM-NO. XV-1902.

Majesty's Government. The Raja also undertakes to provide them with suitableresidences, and to foliow the advice of the Adviser, and, in his absence, of the Assist-ant Adviser, in all matters of administration other than those touching the Muham-nadan religion and Malay custom.

ARTICLE 3.Nelantan

The Raja of Trenmganu engages not to enter into any agreement with orto give any concession to, or to allow any transfer to or by, any individual or Com-Velh .. n d o o e popany other than a native or natives of the State of n, and not to employin an official position, with a fixed salary of more than 4001. per annum, any indi-

vidual other than a native of Feflaita without having previously obtainedvidul oherthana ntiv ofTrengganu)

the consent in writing of His Siamese Majesty's Government. Provided that shouldthe area of the grant or concession not exceed 5,000 acres of agricultural land or1,000 acres of mining land, the written consent of the Adviser shall be sufficient.Such written consent shall also be sufficient for the employment of officials of alower rank who are not natives of Kelantan

Trengganu"

ARTICLE 4.Kelantan

As soon as, and whenever, the gross revenue of Trengganu amounts to 100,000dollars, one-tenth of the gross revenue shall be annually paid into His SiameseMajesty's Treasury. Provided that the maximum amount thus payable on accountof any one year shall not exceed the sum of 100,000 dollars. So long as, and

Kelautanwhenever, the gross annual revenue of TrengLnau is less than 100,000 dollars,the usual Bunga Mass shall continue to be sent to His Majesty the King of Siam.

ARTICLE 5.

His Siamese Majesty's Government undertakes not to interfere with the in-Kehatauternal administration of the State of Rni otherwise than as provided

l'rcn ',,miufor in this Agreement, so long as nothing is done in that State contrary to the Treatyrights and obligations that His Majesty has with foreign Governments, and so longas peace and order are maintained within that State and it is governed for thebenefit of its inhdbitants with moderation, justice and humanity.

ARTICLE 6.

The Departments of Posts, Telegraphs and Railways, as being part of theian nt, will be under the control

internal administration of the State of TrenwganunKelantan but the Raja of Kelantan

of the Raja of lie.gg,u, b Trengganu engages to co-operate atany time with the Government of His Siamese Majesty in the construction andmanagement of any section of a trunk line of railway or telegraph which may come

within the confines of Kelantan The conditions of such co-operation shall in each

vase be the subject of special arrangement. Should any stamps be used, they

170

SiAM-NO. XV-190 .

shall be procured from Bangkok, and shall bear the effigy of the King of Siam,

but they shall be issued solely by the Raja of a tene andfrom them shall accrue solely to the State of Kelantan The Raja further under-

Trangganu"

takes not to grant to any Company or private individual any privileges for theconstruction of railways in Kelantan without the written consent of His SiameseTrengganu

Majesty's Government. This stipulation, however, shall not apply to privatelines of railway constructed by the owners of concessions which have been grantedunder Article 3, and intended for the conveyance of minerals or other naturalproducts.

"ARTICLE 7.

Nothing in this Agreement is intended to curtail any of the powers or authorityKelantannow held by the Raja ofT nor does it alter, otherwise than as providedfor in this Agreement, the relations now existing between the Raja aid His SiameseMajesty's Government.

The undersigned, His Britannic Majesty's Secretary of State for Foreign Affairs,has the honour to make the following communication to Phya Sri Sahadeb, SpecialEnvoy of His Majesty the King of Siam, in regard to the Agreements relative tothe Siamese Dependencies of Kelantan and Trengganu, the terms of whicahave been arranged between His Britannic Majesty's Government and that of HisSiamese Majesty:-

The British Government, having throughout these negotiations been actuatedby the same sincere desire to respect the Treaty rights of His Majesty the Kingof Siam in the Malay Peninsula and to promote the stability and security of theKingdom of Siam and its Dependencies that has hitherto characterized the policyof Great Britain, undertake to instruct their Representatives in the Malay Penin-sula to use their influence to secure the peaceful adoption by the Rajas of Kelantanand Trengganu of the draft Agreement, on the understanding that the SiameseGovernment, on their part, will strictly observe its terms and instruct theirofficers to faithfully carry them out.

The undersigned thinks it right, however, to observe that, in order to insurethe successful working of the Agreements and having in view the immediate pro-pinquity of the Malay States under British protection to the two States in question,it will be essential that the officials appointed to be the Advisers and AssistantAdvisers of the Rajas, as mentioned in Article 2 of the Agreement, shall be ofBritish nationality, and that the concurrence of His Britannic Majesty's Govern-ment should be confidentially obtained for their selection, removal, and the renewalof their appointments.

L _sowmr.

FOREIGN OFFICE;

The 6th October 1902.

172 SIAM-NO. XV-1902.

The undersigned, Phya Sri Sahadeb, Special Envoy of His Majesty the Kingof Siam, has the honour to acknowledge the receipt of the note of the Marquessof Lansdowne of this date, in regard to the Agreements relative to the SiameseDependencies of Kelantan and Trengganu, the terms of which have been arrangedbetween His Siamese Majesty's Government and that of His Britannic Majesty,and, in reply to the assurances and considerations therein set forth, he is author-ized by his Government to give the following confidential assurances

in view of the interest which His Britannic Majesty's Government must neces-sarily have in the peace, order, and good government of these States on accountof their immediate propinquity to the Straits Settlements and to the Malay Statesunder British protection, and, in consideration of the mutual relations which havebeen established by previous Treaties between Great Britain and Siam in respectof the Malay Peninsula, His Siamese Majesty's Government will appoint officialsof British nationality to be the Advisers and Assistant Advisers of the Rajas ofKelantan and Trengganu mentioned in Article 2 of the Agreement. These officialswill be selected from among persons of British nationality who have seen serviceunder the Siamese Government, or are favourably known to the Siamese Govern-ment, and who are also favourably known to the British Government by service orotherwise; and His Siamese Majesty's Government will, in all cases, previouslyconsult with His Britannic Majesty's Government in regard to their selection,removal and the renewal of their appointments by confidential communicationswith His Britannic Majesty's Representative at Bangkok.

The appointments will be made in each case for a term of not less than threenor more than five years, subject to renewal by the Siamese Government, and thesalaries to be paid by the Rajas will be approximately on the following scale:-

£ £

Adviser, Kelantan .. 1,000-1,100

Assistant Adviser 500- 600

Adviser, Trengganu , 800- 900

Assistant Adviser 500- 600

PHYA SRI SAHADE9.

LONDON,

The 6th October 190?.

SIAM-NO. XVI-904.

No. XVI.

DECLARATION CONCERNING SIAM,

MADAGASCAR, AND THE NEW

HEBRIDES.

1.-SIAM.

The Government of His BritannicMajesty and the Government of theFrench Republic confirm Articles 1and 2 of the Declaration signed in

London on the 15th January 1896,by the Marquess of Salisbury, thenHer Britannic Majesty's PrincipalSecretary of State for Foreign Affairs,

and Baron de Courcel, then Ambas-sador of the French Republic at theCourt -of Her Britannic Majesty.

In order, however, to completethese arrangements they declared bymutual agreement that the influence

of Great Britain shall be recognizedby France in the territories situatedto the west of the basin of the RiverMenam, and that the influence ofFrance shall be recognized by GreatBritain in the territories situated tothe east of the same region, all theSiamese possessions on the east andsouth-east of the zone above de-scribed and the adjacent islands com-ing thus henceforth under Frenchinfluence, and, on the other hand,

all Siamese possessions on the westof this zone. and of the Gulf of Siam,including the Malay Peninsula andthe adjacent islands, coming underEnglish influence.

The two Contracting Parties, dis-claiming all idea of annexing any

Siamese territory, and determined toabstain from any act which might

DECLARATION CONCERNANT LE SIAM,

MADAGASCAR, ET LES NOUVi*LLES-

HEBRIDES.

I.--SAM.

Le Gouvernement de Sa Majest6Britannique et le Gouvernement de laR6publique Francaise maintiennent lesArticles 1 et 2 de la D6claration siga 6 ea Lonlres le 15 Janvier, 1896, par le-Marquis de Salisbury, Principal Seer&-taire d'Etat pour les affaires Etrangeres,de Sa Majest6 Britannique 'a cette

6poque, et le Baron de Courcel Ambas-sadeur de la R6publique Francaise pr'es

Sa Majest6 Britannique 'a cette 6poque.Toutefois, en vue de compl6ter ces

dispositions, ils d6clarent d'un communaccord que l'influence de la Grande-Bretagne sera reconnue pair la Francesur les territoires situ6s 'a l'ouest dubassin de la M6nam, et celle de la.France sera reconnue par la Grande-Bretagne sur les territoires situ~s 'a 1'estde la mime r6gion, toutes les posses-

sions Siamoises ' l'est et au sud-est dela zone susvis6e et les iles adjacentesrelevant ainsi d~sormais de l'influenceFrancaise et, d'autre part, toutes lespossessions Siamoises 'a l'ouest de cettezone et du Golfe de Siam, y comprisla P6ninsule Malaise at les iles adjacentes,relevant de l'influence Anglaise.

Les deux Parties Contractantes,4cartant d'ailleurs toute idge d'annexion

d'aueun territoire Siamois, et r~solues'a s'abstenir de tout acte qui irait 'a

173

SIAM-NO. XVI-1904.

contravene the provisions of existingTreaties, agree that, with this reserv-ation, and so far as either of themis concerned, the two Governmentsshall each have respectively libertyof action in their spheres of influenceas above defined.

II.-MADAGASCAR.

In view of the Agreement now innegotiation on the question of juris-diction and the postal service inZanzibar, and on the adjacent coast,HIs Britannic Majesty's Governmentwithdraw the protest which they hadraised against the introduction of theCustoms Tariff established at Mada-gascar after the annexation of thatisland to France. The Governmentof the French Republic take note ofthis Declaration.

III.-NEw HEBRIDES.

The two Governments agree todraw up in concert an Arrangementwhich, without involving any modi-fication of the political status quo,shall put an end to the difficultiesarising from the absence of jurisdic-tion over the natives of the NewHebrides.

They agree to appoint a commis-sion to settle the disputes of theirrespective nationals in the saidislands with regard to landed pro-perty. The competency of thisCommission and its rules of proce-dure shall form the subject of apreliminary Agreement between thetwo Governments.

In witness whereof His BritannicMajesty's Principal Secretary ofState for Foreign Affairs and hisExcellency the Ambassador of the

l'encontre des dispositions des Traitesexistants conviennent que, sous cetter~serve et en regard de l'un et del'autre, l'action respective des deuxGouvernements s'exercera librement surchacune des deux spheres d'influenceainsi d6fmies.

II.-MADAGASCAR.

En vue de l'Accord en pr6parationsur les questions de juridiction et duservice postal 'a Zanzibar, et sur la cbteadjacente, le Gouvernement de SaMajest6 Britannique renonce 4 la r6cla-mation qu'il avait formul6e contrel'introduction du Tarif Douanier 6tabli

k Madagascar apres l'annexion de cettele 'a la France. Le Gouvernement de

la R6publique Francaise prend acte decette D6claration.

III.-NOuVEL ES-H BRIDES.

Les deux Gouvernements conviennentde pr6parer de concert un Arrange-ment qui, sans impliquer aucune modi-fication dans le statu quo politique,mette fin aux difficult6s r6sultant de'absence de juridiction sur les indig'e-

nes des Nouvelles-H~brides.

Ils conviennent de nommer une Com-mission pour le reglement des diff6rendsfonciers de leurs ressortissants respectifsdans les dites iles. La comp6tencede cette commission et les r'egles de saproc6dure feront l'objet d'un Accord pre-liminaire entre les deux Gouvernements.

En foi de quoi le Principal Secr6taired'Etat pour les Affaires Etrangeres deSa Majest6 Britannique et son Ex-cellence l'Ambassadeur de la R6pub_

'SAM-NOS. XVI-1904 AND XVII-909.

French Republic at the Court of HisMajesty the King of the UnitedKingdom of Great Britain and Ire-land and of the British Dominionsbeyond the Seas, Emperor of India,duly authorised for that purpose,have signed the present Declarationand have affixed thereto their seals.

Done at London, in duplicate, the8th day of April, 1904.

hque Francaise pros Sa Majest 6 le Roidu Royaume-Uni de la Grande-Bre-tagne et d'Irland et des TerritoiresBritanniques au delh des Mers, Em-

pereur des Indes, dfiment autoris6s 'acot effet, ont sign6 la pr6sente D6clar-ation, et y ont appos6 leurs cachets.

Fait ' Londres, en double exp6dition,le 8 Avril, 1904.

LANSDOWNE. PAUL CAMBO.

No. XVII.

TREATY BETWEEN THE UNITED KINGDOM AND SIAM.

Signed at Bangkok, March 10, 1909.

[ Ratifications exchanged at London, July 9, 1909.]

TREATY.

His Majesty the King of the United Kingdom of Great Britain and Ireland

and of the British Dominions beyond the Seas, Emperor of India, and His Majestythe King of Siam, being desirous of settling various questions which have arisenaffecting their respective dominions, have decided to conclude a Treaty, andhave appointed for this purpose as their Plenipotentiaries :

His Majesty the King of Great Britain, Ralph Paget, Esq., his Envoy Extra-ordinary and Minister Plenipotentiary, etc. ;

His Majesty the King of Siam, His Royal Highness Prince Devawongse Varo-prakar, Minister for Foreign Affairs, etc. ;

who, after having communicated to each other their respective full powers, andfound them to be in good and due form, have agreed upon and concluded the fol-lowing Articles :-

ARTICLE 1.

The Siamese Government transfers to the British Government all tights ofsuzerainty, protection, administration, and control whatsoever which they possessover the States of Kelantan, Tringganu, Kedah, Perlis, and adjacent islands. Thefrontiers of these territories are defined by the Boundary Protocol annexed hereto.*

* Annex 1.

175

SIAM-NO. XVII-1909.

ARTICLE 2.

The transfer provided for in the preceding Article shall take place withinthirty days after the ratification of this Treaty.

ARTICLE 3.

A mixed Commission, composed of Siamese and British officials and officers,shall be appointed within six months after the date of ratification of this Treaty,and shall be charged with the delimitation of the new frontier. The work of theCommission shall be commenced as soon as the season permits, and shall becarried out in accordance with the Boundary Protocol annexed hereto.

Subjects of His Majesty the King of Siam residing within the territory de-scribed in Article 1 who desire to preserve their Siamese nationality will, during theperiod of six months after the ratification of the present Treaty, be allowed to doso if they become domiciled in the Siamese dominions. His Britannic Majesty'sGovernment undertake that they shall be at liberty to retain their immovableproperty within the territory described in Article 1.

It is understood that, in accordance with the usual custom where a change ofsuzerainty takes place, any Concessions within the territories described in Article 1hereof to individuals or Companies, granted by or with the approval of the SiameseGovernment, and recognized by them as still in force on the date of the signature ofthe Treaty, will be recognized by the Government of His Britannic Majesty.

ARTICLE 4.

His Britannic Majesty's Government undertake that the Government of theFederated Malay States shall assume the indebtedness to the Siamese Governmentof the territories described in Article 1.

ARTICLE 5.

The jurisdiction of the Siamese International Courts, established by Article 8of the Treaty of the 3rd September, 1883, shall, under the conditions defined inthe Jurisdiction Protocol annexed hereto,* be extended to all British subjects inSiam registered at the British Consulates before the date of the present Treaty.

This system shall come to an end, and the jurisdiction of the InternationalCourts shall be transferred to the ordinary Siamese Courts after the promulgationand the coming into force of the Siamese codes, namely, the Penal Code, the Civiland Commercial Codes, the Codes of Procedure, and the Law for organization ofCourts.

All other British subjects in Siam shall be subject to the jurisdiction of theordinary Siamese Courts under the conditions defined in the Jurisdiction Protocol.

* Annex 2.

176

SIAM-NO. XVII-1909.

ARTICLE 6.

Bfitish subjects shall enjoy throtghout the whole extent of Siam the rights

and privileges enjoyed by the natives of the country, notably the right of property,the right of residence and travel.

They and their property shall be subject to all taxes and services, but theseshall not be other or higher than the taxes and services which are or may be imposed

by law on Siamese subjects. It is particularly understood that the limitation in

the Agreement of the 20th September, 1900, by which the taxation of land shall

not exceed that on similar land in Lower Burmah, is hereby removed.

British subjects in Siam shall be exempt from all military service, either in the

army or navy, and from all forced loans or military exactions or contributions.

ARTICLE 7.

The provisions of all Treaties, Agreements, and Conventions between Great

Britain and Siam, not modified by the present Treaty, remain in full force.

ARTICLE 8.

The present Treaty shall be ratified within four months from its date.

In witness whereof the respective Plenipotentiaries have signed the present

Treaty and affixed their seals.

Done at Bangkok, in duplicate, the 10th day of March, in the year 1909.

RALPH PAGET.


AxNEx 1.

Boundary Protocol annexed to the Treaty dated March 10, 1909.

The frontiers between the territories of His Majesty the King of Siam and the

territory over which his suzerain rights have by the present Treaty been trans-

ferred to His Majesty the King of Great Britain and Ireland are as follows:-

Commencing from the most seaward point of the northern bank of the estuary

of the Perlis River and thence north to the range of hills which is the watershed

between the Perlis River on the one side and the Pujoh River on the other; then

following the watershed formed by the said range of hills until it reaches the main

watershed or dividing line between those rivers which flow into the Gulf of Siamon the one side and into the Indian Ocean on the other; following this main water-

shed so as to pass the sources of the Sungei Patani, Sungei Telubin, and SungeiPerak, to a point which is the source of the Sungei Pergau ; then leaving the main

watershed and going along the watershed separating the waters of the Sungei

SIAM-NO. XVII-1909.

Pergau from the Sungei Telubin, to the hill called Bukit Jeli or the source ofthe main stream of the Sungei Golok. Thence the frontier follows the thalweg ofthe main stream of the Sungei Golok to the sea at a place called Kuala Tabar.

This line will leave the valleys of the Sungei Patani, Sungei Telubin, andSungei Tanijung Mas and the valley on the left or west bank of the Golok to Siamand the whole valley of the Perak River and the valley on the right or east bankof the Golok to Great Britain.

Subjects of each of the parties may navigate the whole of the waters of the SungeiGolok and its affluents.

The island known as Pulo Langkawi, together with all the islets south of mid-channel between Terutau and Langkawi, and all the islands south of Langkawishall become British. Terutau and the islets to the north of mid-channel shallremain to Siam.

With regard to the islands close to the west coast, those lying to the north ofthe parallel of latitude where the most seaward point of the north bank of the estuaryof the Perlis River touches the sea shall remain to Siam, and those lying to thesouth of that parallel shall become British.

All islands adjacent to the eastern States of Kelantan and Tringganu, southof a parallel of latitude drawn from the point where the Sungei Golok reaches thecoast at a place called Kuala Tabar, shall be transferred to Great Britain, and allislands to the north of that parallel shall remain to Siam.

A rough sketch of the boundary herein described is annexed hereto.*

2. The above-described boundary shall be regarded as final, both by the Gov-ernment of His Britannic Majesty and that of Siam, and they mutually undertakethat, so far as the boundary effects any alteration of the existing boundaries ofany State or province, no claim for compensation on the ground of any suchalteration made by any State or province so affected shall be entertained orsupported by either.

3. It shall be the duty of the Boundary Commission, provided for in Article 3of the Treaty of this date, to determine and eventually mark out the frontierabove described.

If during the operations of delimitation it should appear desirable to departfrom the frontier as laid down herein, such rectification shall not, under any cir-cumstances, be made to the prejudice of the Siamese Government.

In witness whereof the respective Plenipotentiaries have signed the presentProtocol and affixed their seals.

Done at Bangkok, in duplicates the 10th day of March, 1909.

RALPH PAOET.


* Not reproduoed.

SIAM-NO. XVII-1909.

ANNEX 2.

Protocol conteerning the Jurisdiction applicable in the Kingdom o; Siam to BritishSubjects, and annexed to the Treaty dated March 10, 1909.

SE.cTioN 1. International Courts shall be established at such places as may seemdesirable in the interests of the good administration of justice ; the selection ofthese places shall form the subject of an understanding between the British Ministerat Bangkok and the Siamese Minister for Foreign Affairs.

Sec. 2. The jurisdiction of the International Courts shall extend-

1. In civil matters : To all civil and commercial matters to which British sub-jects shall be parties.

2. In penal matters: To breaches of law of every kind, whether committed byBritish subjects or to their injury.

Sec. 3. The right of evocation in the International Courts shall be exercisedin accordance with the provisions of Article 8 of the Treaty of the 3rd September,1883.

The right of evocation shall cease to be exercised in all matters coming withinthe scope of codes or laws regularly promulgated as soon as the text of such codesor laws shall have been communicated to the British Legation in Bangkok. Thereshall be an understanding between the Ministry for Foreign Affairs and the BritishLegation at Bangkok for the disposal of cases pending at the time that the saidcodes and laws are, communicated.

Sec. 4. In all cases, whether in the International Courts or in the ordinarySiamese Courts in which a British subject is defendant or accused, a Europeanlegal adviser shall sit in the Court of First Instance.

In cases in which a British born or naturalized subject not of Asiatic descentmay be a party, a European adviser shall sit as a Judge in the Court of First Instance,and where such British subject is defendant or accused the opinion of the adviser

shall prevail.

A British subject who is in the position of defendant or accused in any casearising in the provinces may apply for a change of venue, and should the Courtconsider such change desirable the trial shall take place either at Bangkok orbefore the Judge in whose Court the case would be tried at Bangkok. Notice ofany such application shall be given to the British Consular officer.

Sec. 5. Article 9 of the Treaty of the 3rd September, 1883, is repealed.

Appeals against the decisions of the International Courts of First Instanceshall be adjudged by the Siamese Court of Appeal at Bangkok. Notice of all suchappeals shall be communicated to His Britannic Majesty's Consul, who shall havethe right to give a written opinion upon the case to be annexed to the record.

The judgment on appeal from either the International Courts or the ordinary

8ipnese CQurts shall bear the signature' of two European Judges.

SIAM-NO. XVII-1909.

Sec. 6. An Appeal on a question of law shall lie from the Court of Appeal atBangkok to the Supreme or Dika Court.

Sec. 7. No plea of want of jurisdiction based on the rules prescribed by thepresent Treaty shall be advanced in any Court after a defence on the main issuehas been offered.

Sec. 8. In order to prevent difficulties which may arise in future from the transferof jurisdiction contemplated by the present Treaty and Protocol, it is agreed-

(a) All cases in which action shall be taken subsequently to the date of theratification of this Treaty shall be entered and decided in the competent Interna-tional or Siamese Court, whether the cause of action arose before or after thedate of ratification.

(b) All cases pending in His Britannic Majesty's Courts in Siam on the date ofthe ratification of this Treaty shall take their usual course in such Courts and inany Appeal Court until such cases have been finally disposed of, and the jurisdic-tion of His Britannic Majesty's Courts shall remain in full force for this purpose.

The execution of the judgment rendered in any such pending case shall becarried out by the International Courts.

In witness whereof the respective Plenipotentiaries have signed the presentProtocol and affixed their seals.

Done at Bangkok, in duplicate, the 10th day of March, 1909.

RALTPH PAGET.


ANNEX 3.

Mr. Paget to Prince Devawongse.

M. le Ministre. March 10, 1909.

IN view of the position of British possessions in the Malay Peninsula and of thecontiguity of the Siamese Malay provinces with British-protected territory, HisMajesty's Government are desirous of receiving an assurance that the SiameseGovernment will not permit any danger to arise to British interests through theuse of any portion of the Siamese dominions in the peninsula for military or navalpurposes by foreign Powers.

His Majesty's Government would therefore request that the Siamese Govern-ment shall not cede or lease, directly or indirectly, to any foreign Government anyterritory situated in the Malay Peninsula south of the southern boundary of theMonthon Rajaburi, or in any of the islands adjacent to the said territory ; also thatwithin the limits abovementioned a right to establish or lease any coaling station,to build or own any construction or repairing docks, or to occupy exclusively any

180

SIAM-NO. XVII-1909.

harbours the occupation of which would be likely to be prejudicial to British in-terests from a strategic point of view, shall not be granted to any foreign Govern-ment or Company.

Since this assurance is desired as a matter of political expediency only, thephrase " coaling station " would not be held to include such small deposits of coalas may be required for the purposes of the ordinary shipping engaged in theMalay Peninsula coasting trade.

RALPH PAGET.

Prince Devawongse to Mr. Paget.

Foreign Office, Bangkok,

M. le Ministre, March 10, 1909.

I HAVE the honour to acknowledge receipt of your note of this date, in whichyou express the desire of your Government that the Siamese Government shall notcede or lease, directly or indirectly, to any foreign Government any territorysituated in the Malay Peninsula south of the southern boundary of the Monthon ofRajaburi or in any of the islands adjacent to the said territory ; also that withinthe limits abovementioned a right to establish or lease any coaling station, to buildor own any construction or repairing docks, or to occupy exclusively any harboursthe occupation of which would be likely to be prejudicial to British interests froma strategic point of view, shall not be granted to any foreign Government or Com-pany.

In reply, I beg to say that the Siamese Government gives its assurance to theabove effect, taking note that the phrase " coaling station " shall not include suchsmall deposits of coal as may be required for the purposes of the ordinary shippingengaged in the Malay Peninsula coasting trade.

I avail, &c.

DEVAWONGSE,

Minister for Foreign Affairs.

ANNEX 4.

Prince Devawongse to Mr. Paget.

Foreign Office, Bangkole,


WITH reference to the provision contained in Article 4 of the JurisdictionProtocol to the effect that in all cases in which a British subject is defendant oraccused a European adviser shall sit in Court, I would express the hope, on behalfof His Majesty's Government, that His Britannic Majesty's Government will beprepared in due course to consider the question of a modification of or release from

SIAM-NO. XVII-1909.

this guarantee when it shall be no longer needed; and, moreover, that in any nego-tiations in connection with such a modification or release the matter may be treatedupon its merits alone, and not as a consideration for which some other returnshould be expected.

The Siamese Government appreciates that a Treaty like the one signed to-daymarks an advance in the administration of justice in the kingdom. The conclusionof such a Treaty is in itself a sign of progress. It is the intention of the SiameseGovernment to maintain the high standard in the administration of justice whichit has set before it, and towards which it has been working for some time.

In this connection I take pleasure in acknowledging the contribution whichMr. J. Stewart Black has made to this work.

I wish also to say that provision will be made for the treatment of Europeanprisoners according to the standard usual for such prisoners in Burmah and theStraits Settlements.

I avail, &o.

DEVAWONGSE,


Mr. Paget to Prince Devawongse.M. le Ministre, March 10, 1909.

WITH reference to the guarantee contained in the first paragraph of Article 4of the Jurisdiction Protocol, I have the honour to state that His Majesty's Govern-ment will be prepared in due course to consider the question of modification ofor release from this guarantee when it shall no longer be needed. His Majesty'sGovernment are also willing that in any negotiations in connection with such amodification or release the matter shall be treated upon its merits alone, and notas a consideration for which some other return shall be expected.

His Majesty's Government learn with much satisfaction that it is the intentionof the Siamese Government to maintain the high standard in the administrationof justice which it has set before it, and towards which it has been working for sometime ; and I may assure your Royal Highness that it will be the aim of His Majesty'sGovernment in every manner to second the efforts of His Siamese Majesty's Govern-ment in this direction.

I wish also to say that the International Courts referred to in section 1 of theProtocol on Jurisdiction annexed to the Treaty signed to-day need not necessarilybe Courts specially organised for this purpose. Provincial (" Monthon ") Courtscr District (" Muang ") Courts may constitute International Courts, according asBritish subjects may be established in greater or less number within the jurisdictionof those Courts. The fact that an ordinary Court is designated as an InternationalCourt will have as a consequence the introduction into that ordinary Court of allthe provisions relating to International Courts secured by the Protocol on Juris-

dictiou,RALPH P.4oGT.

SIAM-NOS. XVIII AND XIX--1909.

No. XVIII.

CONVENTION between GREAT BRITAIN and SIAM cancelling the CONVENTION Of

the 6TH APRIL 1897-1909.

WHEREAS on the 6th day of April 1897, a Convention was signed at Bangkokbetween the Governments of His Majesty the King of Siam and His Majesty theKing of Great Britain and Ireland ; and

WHEREAS the said Convention dealt with certain matters affecting a portionof the Malay Peninsula; and

WHEREAS a Treaty has this day been signed between the two Governments,which Treaty also deals with certain matters affecting a portion of the MalayPeninsula; and

WHEREAS in the negotiations preceding the execution of said Treaty it wassettled that the Convention abovementioned should be cancelled, but that suchcancellation should be by a separate instrument and not in the Treaty itself ;

Now, therefore, it is hereby mutually agreed by the Government of His Majestythe King of Siam, acting by His Royal Highness Prince Devawongse Varoprakar,Minister for Foreign Affairs, and by the Government of His Majesty the Kingof Great Britain and Ireland, acting by Ralph Paget, Esquire, Envoy Extraordinaryand Minister Plenipotentiary, that said Convention of the 6th April 1897, shallbe, and it hereby is, cancelled. The present agreement shall be as effective asthough incorporated into said Treaty of this date, notwithstanding anything con-tained in said Treaty.

Signed and sealed at Bangkok, in Siam, on this 10th day of March, 1909.

DEVAwONGSE VAROPRAKAR.

RALPH PAGET.

No. XIX.

PROCES-VERBAL between GREAT BRITAIN and SIAM for the ESTABLISHMENT Of

INTERNATIONAL COURTS at certain places in SIAM.-SIGNED at BANGKOK,

6TH JULY, 1909.

Pursuant to section 1 of the Protocol concerning the jurisdiction applicablein the Kingdom of Siam to British subjects and annexed to the Treaty of the 10thMarch, 1909, the undersigned, His Royal Highness Prince Devawongse VaroprakaT,His Siamese Majesty's Minister for Foreign Affairs, and W. R. D. Beckett, Esquire,His Britannic Majesty's Charge d'Affaires in Siam, have arrived at an under-standing that the International Courts shall be established at the followingplaces:-

Al Bangkok.-Two Courts, the location of vhich shall be selected by theMinister of Justice, and in which a division of all matters arising shall be made by the

SIAM-NOS. XIX-1909 AND XX-1910.

Minister of Justice in a manner that he may deem most convenient, with terri-torial jurisdiction throughout the Monthons or Provinces of Bangkok, Ayuthia,Nakon-Chaisi, Rajburi, Chumpon, Nakon-Sawan, Pitsanuloke, Petchaboon, Korat,Udon, Isarn, Prachin, and Chantaboon.

2. At Chiengmai.-One Court, the location of which shall be selected by theMinister of Justice, with territorial jurisdiction over the Monthon of Payap.

3. At Songkla.-One Court, the location of which shall be selected by the Ministerof Justice, with territorial jurisdiction over the Monthons of Nakon-Srithaimaratand Pastani.

4. At Puket.-One Court, the location of which shall be selected by theMinister of Justice, with territorial jurisdiction over the Monthon of Puket.

Done at Bangkok, in duplicate, on this 6th day of July, 1909.

W. R. D. BECKETT.


No. XX.

i'ROCEs-VERBAL signed by GREAT BRITAIN and STAM for the ESTABLISHMENT of Z1n1

INTERNATIONAL COURT at LAKON LAMPANG.-SIGNED at BANGKOK, 254in

AUGUST, 1910.

In pursuance of section 1 of the Protocol concerning the jurisdiction applicablein the Kingdom of Siam to British subjects, annexed to the Treaty of the 10thMarch, 1909, the undersigned, Arthur Peel, Esquire, His Britannic Majesty'sEnvoy Extraordinary and Minister Plenipotentiary, and His Royal HighnessPrince Devawongse Varoprakar, His Siamese Majesty's Minister for ForeignAlairs, have arrived at an understanding that there shall be established at LakonLampang, in the Monthon of Payab, an International Court, the location ofwhich shall be selected by the Minister of Justice. The territorial jurisdiction ofsaid Court shall extend over the Muangs of Lakon Lampang, Phre, Nan andTern.

As a result of the establishment of said Court at Lakon Lampang, the jurisdic.tion granted by the Proces-verbal of the 6th July, 1909, to the Court at Chiengmaiover the Monthon of Payab is hereby modified, in so far as jurisdiction within theterritory of the four Maungs abovementioned is now granted to the Court to beestablished at Lakon Lampang, instead of to the Court at Chiengmai.

]Done at Bangkok, in duplicate, on this 25th day of August, 1910.

ARTHUR PEEL.


SIAM-NO, XXI-1911.

No. XXI.

TREATY between the UNITED KINGDOM and SIAM respecting the EXTRADITION

of FUGITIVE CRIMINALS.

Signed at Bangkok, March 4, 1911.

[Ratifications exchanged at London, August 1, .911.]

His Majesty the King of the United Kingdom of Great Britain and Irelandand of the British Dominions beyond the Seas, Emperor of India, and His Majestythe King of Siam, having judged it expedient, with a View to the better adminis-tration of justice and to the prevention of crime within their respective territories,that persons charged with or convicted of the crimes hereinafter enumerated, andbeing fugitives from justice, should under certain circumstances be reciprocallydelivered up; the said High Contracting Parties have named as their plenipoten-tiaries to conclude a Treaty for this purpose, that is to say :-

His Majesty the King of t .e United Kingdom of Great Britain and Irelandand of the British Dominions beyond the Seas, Emperor of India: Arthur Peel,Esquire, His Envoy Extraordinary and Minister Plenipotentiary at the Court ofBangkok, etc.

And His Majesty the King of Siam: H. R. H. Prince Devawongse Varo-prakar, His Minister for Foreign Affairs, etc.

Who, having communicated to each other their respective full powers, foundin good and due form, have agreed upon and concluded the following articles -

ARTICLE 1.

The High Contracting Parties engage to deliver up to each other persons overwhom they respectively exercise jurisdiction who, being accused or convicted ofa crime or offence committed in the territory of the one Party, shall be found withinthe territory of the other Party, under the circumstances and conditions stated inthe present Treaty.

ARTICLE 2.

The crimes or offences for which the extradition is to be granted are the follow-ing :-

1. Murder, or attempt, or conspiracy to murder.

2. Manslaughter.

3. Assault occasioning actual bodily harm. Malicious wounding or inflictinggrievous bodily harm.

4. Counterfeiting or altering money, or uttering counterfeit or altered money.

5. Knowingly making any instrument, tool, or engine adapted or intendedfor counterfeiting coin.

SIAM-NO. XXI-1911.

6. Forgery, counterfeiting, or altering or uttering what is forged or counter-feited, or altered.

7. Embezzlement or larceny.

8. Malicious injury to property, by explosives or otherwise, if the offencebe indictable.

9. Obtaining money, goods, or valuable securities by false pretences.

10. Receiving money, valuable security, or other property, knowing the same

to have been stolen, embezzled, or unlawfully obtained.

11. Crimes against bankruptcy law.

12, Fraud by a bailee, banker, agent, factor, trustee, or director, or memberor public officer of any company made criminal by any law for the timebeing in force.

13. Perjury or subornation of perjury.

14. Rape.

15, Carnal knowledge, or any attempt to have carnal knowledge of a girlunder the age of puberty, according to the laws of the respective coun-tries.

16. Indecent-assault.

17. Procuring miscarriage, administering drugs, or using instruments with

intent to procure the miscarriage of a woman.

18. Abduction.

19. Child stealing.

20. Abandoning children, exposing or unlawfully detaining them.

21. Kidnapping and false imprisonment.

22. Burglary or housebreaking.

23. Arson.

24. Robbery with violence.

25. Any malicious act done with intent to endanger the safety of any personin a railway train.

26. Threats by letter or otherwise, with intent to extort.

27. Piracy by law of nations.

28. Sinking or destroying a vessel at sea, or attempting or conspiring to do so.

29. Assaults on board a ship on the high seas, with intent to destroy life,or do grievous bodily harm.

30. Revolt, or conspiracy to revolt, by two or more persons on board a ship

on the high seas against the auth-rity of the master.

31. Dealing in slaves in such a manner as to constitute a criminal offenceagainst the laws of both States.

Extradition is to be granted for participation in any of the aforesaid crimes,

provided such participation be punishable by the laws of both contracting Parties,

186

SIAM-NO. XXI-1911

Extradition may also be granted at the discretion of the State applied to inrespect of any other crime for which, according to the law of both of the contract-ing Parties for the time being in force, the grant can be made.

ARTICLE 3.

Either Government, may, at its absolute discretion, refuse to deliver up itsown subjects to the other Government.

AR TICLE 4.

The extradition shall not take place if the person claimed on the part of theGovernment of the United Kingdom, or the person claimed on the part of the Gov-ernment of Siam, has already been tried and discharged or punished, or is stillunder trial in the territory of Siam or in the United Kingdom respectively for thecrime for which his extradition is demanded.

If the person claimed on the part of the Government of the United Kingdom,or if the person claimed on the part of the Government of Siam, should be underexamination for any crime in the territory of Siam or in the United Kingdom res-pectively, his extradition shall be deferred until the conclusion of the trial and thefull execution of any punishment awarded to him.

ARTICLE 5.

A fugitive criminal shall not be surrendered if the offence in respect of whichhis surrender is demanded is deemed by the Party on whom the demand is madeto be one of a political character, or if he prove that the requisition for his surrenderhas in fact been made with a view to try or punish him for an offence of a politicalcharacter.

ARTICLE 6,

A person surrendered can in no case be detained or tried in the State to whichthe surrender has been made, for any other crime or on account of any othermatters than those for which the extradition shall have taken place, until he hasbeen restored or had an opportunity of returning to the State by Which he hasbeen surrendered.

This stipulation does not apply to crimes committed after the extradition,

ARTICLE 7.

The requisition for extradition shall be made through the diplomatic agentsof the High Contracting Pat ties respectively.

The requisition for the extradition of the accused person must be accompaniedby a warrant of arrest issued by the competent authority of the State requiringthe extradition, and by such evidence as, according to the laws of the place wherethe accused is found, would justify his arrest if the crime had been committed there.

SIAM-NO. XXI-i9li.

If the requisition for extradition relates to a person already convicted, it mustbe accompanied by a copy of the judgment passed on the convicted person by thecompetent court of the State that makes the requisition.

A sentence passed in contumaciam is not to be deemed a conviction, but aperson so sentenced may be dealt with as an accused person.

ARTICLE 8.

If the requisition for extradition be in accordance with the foregoing stipula-tions the competent authorities of the State applied to shall proceed to the arrestof the fugitive. The prisoner is then to be brought before a competent Magistrate,who is to examine him and to conduct the preliminary investigation of the case,just as if the apprehension had taken place for a crime committed in the samecountry.

ARTICLE 9.

When either of the contracting Parties considers the case urgent it may applyfor the provisional arrest of the criminal and the safe keeping of any objects relat-ing to the offence.

Such request will be granted, provided the existence of a sentence or warrantof arrest is proved, and the nature of the offence of which the fugitive is accusedis clearly stated.

The warrant of arrest to which this Article refers should be issued by the cbmpetent authorities of the country applying for extradition. The accused shallon arrest be sent as speedily as possible before a competent Magistrate.

ARTICLE 10.

In the examinations which they have to make in accordance with the fore-going stipulations, the authorities of the State applied to shall admit as valid evi-dence the sworn depositions or the affirmations of witnesses taken in theother State, or copies thereof, and likewise the warrants and sentences iss ed there-in, and certificates of, or judicial documents stating the fact of, a conviction, pro-vided the same are authenticated as follows:-

1. A warrant must purport to be signed by a Judge, Magistrate, or officerof the other State.

2. Depositions or affirmations, or the copies thereof, must purport to becertified under the hand of a Judge, Magistrate, or officer of the other State, to bethe original depositions or affirmatiois, or to be the true copies thereof, as the casemay require.

3; A certificate of or judicial document stating the fact of a conviction mustpurport to be certified by a Judge, Magistrate, or officer of the other State.

4. In every case such warrant, deposition, affirmation, copy, certificate, orjudicial document must be authenticated either by the oath of some witness, orby being sealed with the official seal of the Minister of Justice or some other Minister

188

SIAM.--NO. XXl- -i911. 189

of the other State ; but any other mode of authentication for the time being per-mitted by the law of the country where the examination is taken may be sub-stituted for the foregoing.

ARTICLE 11.

The extradition shall not take place unless the evidence be found sufficientaccording to the laws of the State applied to, either to justify the committal of theprisoner for trial, in case the crime had been committed in the territory of the saidState, or to prove that the prisoner is the identical person convicted by the courtsof the State which makes the requisition, and that the crime of which he hau beenconvicted is one in respect of which extradition could, at the time of such convic-tion, have been granted by the State applied to. The fugitive criminal shall notbe surrendered until the expiration of fifteen days from the date of his being com-mitted to prison to await his surrender.

ARTICLE 12.

If the individual claimed by one of the two High Contracting Parties in pur-suance of the present Treaty should be also claimed by one or several other Powers,his extradition shall be granted to that State whose demand is earliest in date.

ARTICLE 13.

If sufficient evidence for the extradition be not produced within two monthsfrom the date of the apprehension of the fugitive, or within such further time asthe State applied to, or the proper tribunal thereof shall direct, the fugitive shallbe set at liberty.

ARTtCLE 14.

All articles seined which were in the possession of the person to be surrendered,at the time of his apprehension, shall, if the competent authority of the Stateapplied to for the extradition'has ordered the delivery thereof, be given up Whenthe extradition takes place, and the said delivery shall extend not merely to thestolen articles, but to everything that may serve as a proof of the crime.

ARTICLE 15.

The High Contracting Parties renounce any claim for the reimbursement othe expenses incurred by them in the arrest and maintenance of the person to besurrendered and his conveyance till placed on board the ship ; they reciproca]]yagree to bear such expenses themselves.

ARTICLE 16.

The stipulations of the present Treaty shall be applicable to the Colonies andforeign possessions of His Britannic Majesty, so far as the laws for the time beingin force in such Colonies and foreign possessions respectively will allow.

190 SIAM-NOS. XXi-1911 AND XXII-1921.

The requisition for the surrender of a fugitive criminal who has taken refugein any such Colony or foreign possession may be made to the Governor or chiefauthority of such Colony or possession by any person authorised to act in suchColony or possession as a consular officer of Siam.

Such requisitions may be disposed of, subject always, as nearly as may be,and so far as the laws of such Colonies or foreign possessions will allow to the pro-visions of this Treaty, by the said Governors or chief authorities, who, however,shall be at liberty either to grant the surrender or to refer the matter to His BritannicMajesty's Government.

His Britannic Majesty shall, however, be at liberty to make special arrange-ments in the British Colonies and foreign possessions for the surrender of criminalsfrom Siam who may take refuge within such Colonies and foreign possessions,on the basis, as nearly as may be, and so far as the laws of such Colonies or foreignpossessions will allow, of the provisions of the present Treaty.

Requisitions for the surrender of a fugitive criminal emanating from any Colonyor foreign possession of His Britannic Majesty shall be governed by the rules laiddown in the preceding articles of the present Treaty.

ARTICLE 17.

The present Treaty shall come into force ten days after its publication, in con-fo mity with the forms prescribed by the laws of the High Contracting Parties.It may be terminated by either of the High Contracting Parties at any time ongiving to the other six months' notice of its intention to do so.

The Treaty shall be ratified, and the ratifications snall be exchanged at London,as soon as possible.

In witness whereof the respective plenipotentiaries have signed the same, andhave affixed thereto the seal of their arms.

Done in duplicate at Bangkok,the fourth day of March, 1911, in the 129th Yearof " Ratanakosindr."

ARTHUR PEEL.


No. XXII.

CONVENTION between the UNITED KINGDOM and SIAM respecting the SETTLEMENT

of ENEMY DEBTS referred to in SECTION III Of PART X of the TREATY of

VERSAILLES of JUNE 28, 1919.

Signed at London, December 20,1921.

[Ratifications exchanged at London, April 20, 1922.]

His Majesty the King of the United Kingdom of Great Britain and Irelandand of the British Dominions beyond the Seas, Emperor of India, and His Majesty

SIAM-NO. XXII-1921.

the King of Siam, with a view to the settlement of certain matters arising underArticle 296 of the Treaty of Peace between the Allied and Associated Powers andGermany, signed at Versailles on the 28th June, 1919, have named as their Pleni-potentiaries :-

His Majesty the King of the United Kingdom of Great Britain and Irelandand of the British Dominions beyond the Seas, Emperor of India : The Most Honour-able the Marquess Curzon of Kedleston, K.G., His Majesty's Principal Secretaryof State for Foreign Affairs; and

His Majesty the King of Siam: Phya Buri Navarasth, His Majesty's EnvoyExtraordinary and Minister Plenipotentiary at the Court of St. James ;

Who having communicated to each other their respective full powers, foundto be in good and due form, have agreed as follows

ARTICLE 1.

The provisions of Section III of Part X of the Treaty of Versailles of the 28thJune, 1919, so far as they relate to enemy debts, shall apply, subject to the provi-sions of the present Convention to Siamese nationals resident within the UnitedKingdom and India, British Colonies not possessing responsible Government andBritish Protectorates (with the exception of Egypt) in the same way and underthe same conditions as to British nationals residing within these territories.

ARTICLE 2.

Similarly the provisions of Section III of Part X of the Treaty of Versailles ofthe 28th June, 1919, so far as they relate to enemy debts, shall apply, subjectto the provisions of the present Convention, to British nationals resident in Siamin the same way and under the same conditions as to Siamese nationals residingmithin these territories.

ARTICLE 3.

Each of the High Contracting Parties is authorised to collect the debts of thenationals of the other High Contracting Party resident within its territory, toGerman nationals admitted or found due in accordance with the provisions ofArticle 296 and the Annex thereto and shall be responsible for accounting toGermany for such debts in accordance with § (b) of Article 296.

Each of the High Contracting Parties shall effect payment to the nationals ofthe other High Contracting Party resident within its territory of the debts admittedor found due to them in accordance with the provisions of Article 296 and the Annexthereto. Payment in full shall be effected upon admission, subject to deductionof 2J per cent., or, in the case of Colonies and Protectorates, such other percentageas may under local regulations be chargeable to nationals of the High Contract-ing Party effecting payment.

SiAM-NOS. XXII-1921 AND XX1II-1925.

ARTICLE 4.

This Convention is only applicable to the payment of enemy debts coming withinparagraphs 1 and 2 of Article 296.

ARTICLE 5.

Difficulties arising in the application of the present Convention shall be settledby direct agreement between the Controllers of the two Clearing Offices In caseof disagreement the difficulty will be submitted to arbitration.

ARTICLE 6.

This Convention, when duly ratified, shall be notified to Germany, and the periodof six months referred to in paragraph 5 of the Annex to Section III of the Treatyshall begin to run as from the date of such notification.

In witness whereof the Undersigned have signed the present Convention andhave affixed thereto their seals.

Done in duplicate at London, the 20th day of December, 1921.

CURZON OF KEDLESTON.

BURi NAVARASTH.

No. XXIII.

TREATY belween the UNITED KINGDOM and SIAM for the Revision of their MUTUAL

TREATY ARRANGEMENTS and PROTOCOL concerning JURISDICTION appli,-ablein SIAM to BRITISH SUBJECTS, ETC.

Signed at London, July 14, 1925.

[Ratifications exchanged at London, March 30, 1926.]

His Majesty the King of the United Kingdom of Great Britain and Irelandand of the British Dominions beyond the Seas, Emperor of India, and His Majestythe King of Siam being desirous of maintaining and strengthening the relations offriendship which happily exist between them, have resolved to proceed to a revi-sion of their mutual treaty arrangements, and have for that purpose named as theirplenipotentiaries, that is to say :

His Majesty the King of the United Kingdom of Great Britain and Irelandand of the British Dominions beyond the Seas, Emperor of India :

The Right Honourable Joseph Austen Chamberlain, a Member of Parliament,His Majesty's Principal Secretary of State for Foreign Affairs; and

His Majesty the King of Siam:

Phya Prabha Karawongse, His Envoy Extraordinary and Minister Pleni-potentiary at the Court of Hi Britannic Majesty;

193

Who; after havihg communicated to each obher their respective full powers,found in good and due form, have agreed upon the following articles

ARTICLE 1.

His Bitannic Majesty recognises that the principle of national autonomy shall

apply to the Kingdom of Siam in all that pertains to the imposition of customs duties

on the importation and exportation of merchandise, to drawbacks and to transit

and all other taxes and impositions ; and, subject to the condition of equality of

treatment with other nations in these respects, His Britannic Majesty agrees to

assent to the imposition in Siam of customs duties higher than those established

by existing treaties; on the further condition, however, that all other nations

entitled to claim the benefit of special rates of customs duties in Siam assent to such

higher duties freely and without the requirement of any compensatory benefit

or privilege.

ARTICLE 2.

The subjects of each of the high contracting parties shall have free access to

the Courts of Justice of the other in pursuit and defence of their rights; they

shall be at liberty, equally with native subjects and with the subjects or citizens

of the most favoured nation, to choose and employ lawyers, advocates and re-

presentatives to pursue and defend their rights before such courts. There shall

be no conditions or requirements imposed upon British subjects in connection

with such access to the Courts of Justice in Siam, which do not apply to native

subjects or to the subjects or citizens of the most favoured nation.

ARTicLE 3.

The subjoct of each of the high contracting parties shall be entitled in the

territories of the other, provided that they comply with the laws and regulations

in force, to engage in religious and charitable work, to open and conduct educa-

tional establishments, and to do anything incidental to or necessary for those pur-

poses, upon the same terms as native subjects.

The subjects of each of the high contracting parties shall enjoy in the territories

of the other entire liberty of conscience, and, subject to the laws and regulations

in force, shall enjoy the right of private and public exercise of their religion.

ARTICLE 4.

The vessels of war of each of the high contracting parties may enter, remain

and make repairs in those ports and places of the other to which the vessels of

war of other nations are accorded access ; they shall there submit to the same re-

gulations and enjoy the same honours, advantages, privileges and exemptions as

are now or may hereafter be conceded to the vessels of war of any other nation.

§IAM-i 0. jHi-19k5

SIAM-NO. XXIII-1925.

ARTICLE 5.

From the date of the exchange of ratifications of the present treaty and of theTreaty of Commerce and Navigation between the United Kingdom and Siam,concluded at London on the 14th July, 1925,* the following treaties, conventions

and agreements between the two high contracting parties shall cease to bebinding:-

The Treaty signed on the 20th June, 1826, together with the additional articles

thereto ratified on the 17th January, 1827.

The Treaty of Friendship and Commerce signed at Bangkok on the 18th April,1855, together with the agreement supplementary thereto, signed at Bang-kok on the 13th May, 1856.

The Agreement for Regulating the Traffic in Spirituous Liquors, signed at

London on the 6th April, 1883.

The Treaty for the Prevention of Crime and the Promotion of Commerce,signed at Bangkok on the 3rd September, 1883, together with the Ex-change of Notes in 1896 extending the operation of that treaty in Siam.

The Treaty concerning certain boundaries and the jurisdiction of Siamese

courts, signed at Bangkok on the 10th March, 1909, together withannexes thereto.

Provided. however, that articles 1, 2, 3 and 4, and Annexes I and III of the

treaty signed at Bangkok on the 10th March, 1909, together with all pro-visions of any treaty in force at the time of the signature of the present

treaty, which fix or delimit the boundary between Siam and British pos.sessions or protectorates, shall remain in force.

ARTICLE 6.

The provisions of the agreement on the registration of British subjects in Siam,

signed at Bangkok on the 29th November, 1899, as extended in accordance with

the note dated the 3rd October 1910, from His Royal Highness the Minister for

Foreign Affairs of Siam to His Britannic Majesty's Minister at Bangkok, remain

in force and shall be applicable for the purposes of the present treaty and of the

Commercial Treaty signed this day except in so far as articles 4 and 5 of the said

agreement are inconsistent with the terms of the treaties signed this day or of the

iurisdiction protocol attached to the present treaty.

The provisions of the said agreement relating to persons of Asiatic descent

born within His Majesty's dominions and to their children born in Siam shall res-

pectively extend to persons to whom the said agreement does not apply and who

enjoy the protection of His Britannic Majesty by virtue of being citizens of or

born in British protectorates, British-protected States or territories in respect of

which a mandate on behalf of the League of Nations has been accepted by His

Britannic Majesty, and to the children of such persons.

* Treaty Series No. 8 (1926) (Cmd. 2643).

SIAM--NO. XXLII-1925.

ARTICLE 7.

The provisions of the present treaty which apply to subjects of the high con-tracting parties shall also be applicable to limited liability and other companies,partnerships and associations duly constituted in accordance with the laws ofsuch high contracting parties.

ARTICLE 8.

The provisions of the present treaty which apply to British subjects shall alsobe deemed to apply to all persons who both enjoy the protection of His Britannic.Majesty and are entitled to registration in Siam in accordance with article 6 ofthe present treaty.

ARTICLE 9.

The stipulations of articles 2, 3 and 4 of the present treaty shall not be appli-cable to India or to any of His Britannic Majesty's self-governing dominions, colo-nies, possessions or protectorates, unless notice is given by His Britannic Ma-jesty's representative at Bangkok, of the desire of His Britannic Majesty that thesaid stipulations shall apply to any such territory.

ARTICLE 10.

The terms of the preceding article relating to India and to His BritannicMajesty's self-governing dominions, colonies, possessions and protectorates shallapply also to any territory in respect of which a mandate on behalf of the Leagueof Nations tas been accepted by His Britannic Majesty.

ARTICLE 11.

The present treaty shall come into effect on the date of the exchange of ratifica-tions, and shall remain in force for ten years from that date.

In case neither of the high contracting parties shall have given notice to the othertwelve months before the expiration of the said period of ten years of its intentiopto terminate the present treaty, it shall remain in force until the expiration of oneyear from the date on which either of the high contracting parties shall havedenounced it.

It is clearly understood, however, that such denunciation shall not have theeffect of reviving any of the treaties, conventions, arrangements or agreementsabrogated by former treaties or agreements or by article 5 hereof.

As regards India or any of His Britannic Majesty's self-governing dominions,colonies, possessions or protectorates, or any territory in respect of which a mandateon behalf of the League of Nations has been accepted by His Britannic Majesty,to which the stipulations of articles 2, 3, and 4 of the present treaty shall have beenmade applicable under articles 9 or 10, either of the high contracting parties shallhave the right to terminate it separately on giving twelve months' notice to that

SIAM-NO. XXIII-1925.

effect. Such notice, however, cannot be given so as to take effect before thetermination of the period of ten years mentioned in the first paragraph of thisarticle, except in the case of His Britannic Majesty's self-governing dominions(including territories administered by them under mandate) and the colony ofSouthern Rhodesia, in respect of which notice of termination may be given byeither high contracting party at any time.

ARTICLE 12.

This treaty shall be ratified and the ratifications thereof shall be exchanged atLondon as soon as possible.

In witness whereof the respective plenipotentiaries have signed the presenttreaty, and have thereunto affixed their seals.

Done in duplicate in the English language, at London, the 14th day of July,in the nineteen hundred and twenty-fifth year of the Christian era, correspondingto the 14th day of the 4th month in the 2468th year of the Buddhist era.

AUSTEN CHAMBERLAIN.

PRABHA KARAWONGSE.

ANNEX.

PROTOCOL concerning JURISDICTION applicable in the KINGDOM of SIAM toBRITISH SUBJECTS and OTHERS ENTITLED to BRITISH PROTECTION.

At the moment of proceeding this day to the signature of the General Treatybetween His Majesty the King of Siam and His Britannic Majesty, the plenipoten-tiaries of the two high contracting parties have agreed as follows

ARTICLE 1.

The system of jurisdiction heretofore established in Siam for British subjectsand the privileges, exemptions and immunities now enjoyed by British subjectsin Siam as a part of, or appurtenant to the said system, shall absolutely cease anddetermine on the date of the exchange of ratifications of the above-mentionedtreaty, and thereafter all British subjects, corporations, companies and associa-tions, and all British-protected persons in Siam shall be subject to the jurisdictionof the Siamese courts.

ARTICLE 2.

Until the promulgation and putting into force of all the Siamese codes, namely,the Penal Code, the Civil and Commercial Code, the Codes of Procedure and theLaw for Organisation of Courts, and for a period of five years thereafter, but nolonger, His Britannic Majesty, through his diplomatic and consular officials in Siam,whenever in his discretion he deems it proper so to do in the interest of justice,may, by means of a written requisition addressed to the judge or judges of thecourt in which such case is pending, evoke any case pending in any Siamese court

SIAM-NO. XXIH-1925.

except the Supreme or Dika Court, in which a British subject, corporation, companyor association, or a British-protected person is defendant or accused.

Such case shall then be transferred to the said diplomatic or consular officialfor adjudication, and the jurisdiction of the Siamese courts over such case shallthereupon cease. Any case so evoked shall be disposed of by the said diplomaticor consular official in accordance with English law, except that as to all matterscoming within the scope of codes or laws of the Kingdom of Siam regularly pro-mulgated and in force, the texts of which have been communicated to the BritishLegation in Bangkok, the rights and liabilities of the parties shall be determinedby Siamese law.

For the purpose of trying such cases and of executing any judgments whichmay be rendered therein, the jurisdiction of the said diplomatic and consularofficials in Siam is continued.

Should His Britannic Majesty perceive, within a reasonable time after thepromulgation thereof, any objection to the said codes, namely, the Penal Code,the Civil and Commercial Code, the Codes of Procedure and the Law for Organi-sation of Courts, the Siamese Government will endeavour to take such objectionsinto account.

ARTICLE 3.

Appeals from judgments of Courts of First Instance in cases to which Britishsubjects, corporations, companies or associations, or British-protected personsmay be parties shall be adjudged by the Court of Appeal at Bangkok.

An appeal on a question of law shall lie from the Court of Appeal at Bangkokto the Supreme or Dika Court.

A British subject, corporation, company or association, or British-protectedperson, who is defendant or accused in any case arising in the provinces, may applyfor a change of venue, and should the court consider such change desirable the trialshall take place either at Bangkok or before the judge in whose court the case wouldbe tried at Bangkok.

The provisions of this article shall remain in force so long as the right of evoca-tion continues to exist in accordance with article 2.

ARTICLE 4.

In order to prevent difficulties which may arise from the transfer of jurisdictioncontemplated by the present protocol, it is agreed as follows:-

(a) All cases instituted subsequently to the date of the exchange of ratificationsof the abovementioned treaty shall be entered and decided in the

Siamese courts, whether the cause of action arose before or after thedate of said exchange of ratifications.

(b) All cases pending before the diplomatic and consular officials of HisBritannic Majesty in Siam on the said date shall take theit usual coursebefore ouch officials until such cases have been finally disposed of, and

SIAM-NOS. XXIII AND XXIV-1925.

the jurisdiction of the said diplomatic and consular officials shall remainin full force for this purpose.

In connection with any case coming before the said diplomatic or consularofficials under clause (b) of this article, or which may be evoked by the said officialsunder article 2, the Siamese authorities shall upon request by such diplomatic orconsular officials lend their assistance in all matters pertaining to the case.

In witness whereof the undersigned plenipotentiaries have signed the presentprotocol and affixed thereto their seals.

AUSTEN CHAMBERLAIN.

PRABHA KARAWONGSE.

No. XXIV.

TREATY of COMMERCE and NAVIGATION between the UNITED KINGDOM and SIAM.

Signed at London, July 14, 1925.

[Ratifications exchanged at London, March 30, 1926.]

His Majesty the King of the United Kingdom of Great Britain and Irelandand of the British Dominions beyond the Seas, Emperor of India, and His Majestythe King of Siam being desirous of facilitating and extending the commercialrelations already existing between their respective countries have determined toconclude a Treaty of Commerce and Navigation with this object, and have appoint-ed as their plenipotentiaries, that is to say :

His Majesty the King of the United Kingdom of Great Britain and Irelandand of the British Dominions beyond the Seas, Emperor of India:

The Right Honourable Joseph Austen Chamberlain, a Member of Parliament,

His Majesty's Principal Secretary of State for Foreign Affairs ; and


Phya Prabha Karawongse, His Envoy Extraordinary and MinisterPlenipotentiary at the Court of His Britannic Majesty;

Who, after having communicated to each other their respective full powers,found in good and due form, have agreed upon the following articles

ARTICLE 1.

There shall be between the territories of the two contracting parties reciprocalfreedom of commerce and navigation.

The subjects of each of the two contracting parties, upon conforming ohem-selves to the laws and regulations applicable generally to native subjects, shallhave liberty freely and securely to come, with their ships and cargoes, to all placesand poIts in the territories of the other to which subjects of that contracting party

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SIAM-NO. XXIV-1925.

are, or may be, permitted to come, and shall enjoy the same rights, privileges,liberties, favours, immunities and exemptions in matters of commerce and navi-

gation as are, or may be, enjoyed by subjects of that contracting party.

ARTICLE 2.

The subjects of either of the two contracting parties shall be entitled to enter,travel and reside in the territories of the other so long as they satisfy and observe

the conditions and regulations applicable to the entry, travelling and residence

of all foreigners.

ARTICLE 3.

The dwellings, warehouses, factories and shops, and all other property of the

subjects of each of the two contracting parties in the territories of the other, and

all premises appertaining thereto, used for purposes of residence or commerce, shall

be respected. Except under the conditions and with the forms prescribed by thelaws, ordinances and regulations for native subjects or for the subjects or citizens

of the most favoured foreign country, no domiciliary visit shall be instituted

and no search of any such buildings or premises be carried out, nor shall books,papers or accounts be examined or inspected.

ARTICLE, 4.

In so far as taxes, rates, customs duties, imposts, fees which are substantiallytaxes and any other similar charges are concerned, the subjects of each of the twocontracting parties in the territories of the other shall enjoy, in respect of tileir

persons, their property, rights and interests, and in respect of their commerce, in-

dustry, profession, occupation or any other matter, in every way the same treat-ment as the subjects of that party or the subjects or citizens of the most favoured

foreign country,

ARTICLE 5.

With respect to all forestry undertakings, and to searches for minerals (includ-

ing oil) and mining operations (including oil wells), in Siam, British subjects and

companies, partnerships and associations established in Hia Britannic Majesty's

territories shall be entitled to treatment not less favourable than that which is,

or may hereafter be, accorded to Siamese subjects or the subjects or citizens of any

other foreign country.

ARTICLE 6.

The two contracting parties agree that in all matters relating to commercial

or industrial pursuits or the exercise of professions or occupations, any privilege,favour or immunity which either of the two contracting parties has actually granted,

or may hereafter grant, to the subjects or citizens of any other foreign country

shall be extended, simultaneously and unconditionally, without request and without

compensation, to the subjects of the other, it being their intention that the pursuit

of commerce and industry in the territories of each of the two contracting parties

shall be placed in all respects on the footing of the most favoured nation.

XIV Q

SIAM-NO. XXIV-1925.200

ARTICLE 7.

The subjects of each of the two contracting parties in the territories of the othershall be at full liberty to acquire and possess every description of property, mov-able and immovable, which the laws of the other contracting party permit, or shallpermit, the subjects or citizens of any other foreign country to acquire and possess.They may dispose of the same by sale, exchange, gift, marriage, testament or inany other manner, or acquire the same by inheritance, under the same conditionsas are, or shall be, established with regard to subjects of the other contracting party,or the subjects or citizens of the most favoured foreign country.

They shall not be subjected in any of the cases mentioned in the foregoing para-graph to any taxes, imposts or charges of whatever denomination other or higherthan those which are, or shall be, applicable to native subjects, or to the subjectsor citizens of the most favoured foreign country.

They shall also be permitted to export their property and their goods in general,and shall not be subjected in these matters to any other restrictions or to any otheror higher duties than those to which native subjects or the subjects or citizensof any other foreign country would be liable in similar circumstances.

In all these matters British subjects shall continue to enjoy in Siam the samerights and, subject to the provisions of articles 4 and 8 of the present treaty, besubject to the same obligations as those which were provided for by artickl 6 of theAngio-Siamese Treaty signed at Bangkok on the 10th March, 1909.

ARTICLE 8.

In all that relates to compulsory military service and to the exercise of com-pulsory judicial, administrative and municipal functions, the subjects of one of thetwo contracting parties shall not be accorded in the territories of the other lessfavourable treatment than that which is, or may be, accorded to subjects or citizensof the most favoured foreign country.

British subjects in Siamese territory shall be exempted from all compulsorymilitary service whatsoever whether in the army, navy, air force, national guardor militia. They shall similarly be exempted from all forms of compulsory manuallabour (except in cases of sudden and unexpected occurrences involving greatpublic danger, or where Siamese law gives the option of performing such labourin lieu of the payment of taxes) and from the exercise of all compulsory judicial,administrative and municipal functions whatever, as well as from all contributions,whether in money or in kind, imposed as an equivalent for such personal service,and finally from all forced loans, whether in money or in kind, and from all mili-tary exactions or contributions.

It is, however, understood that British subjects shall continue as heretoforeto be liable to capitation tax.

ARTICLE 9.

Articles produced or manufactured in the territories of one of the two contract-ing parties, imported into the territories of the other, from whatever place arriving

SIAM-NO. XXIV-1925.

shall not be subjected to other or higher duties or charges than those paid on thelike articles produced or manufactured in any other foreign country. Nor shallany prohibition or restriction be maintained or imposed on the importation of anyarticle produced or manufactured in the territories of either of the two contractingparties, into the territories of the other, from whatever place arriving, which shallnot equally extend to the impoltation of the like articles produced or manufacturedin any other foreign country.

The only exceptions to this general rule shall be in the case of the sanitary orother prohibitions occasioned by the necessity of securing the safety of persons,or the protection of animals or plants against diseases or pests, and of the mea-sures applicable in the territories of either of the two contracting parties with respectto articles enjoying a direct or indirect bounty in the territories of the other contract-ing party.

ARTICLE 10.

The following articles manufactured in any of His Britannic Majesty's ter-ritories to which this treaty applies, vi:., cotton yarns, threads, fabrics and all othermanufactures of cotton, iron and steel and manufactures thereof, and machineryand parts thereof, shall not, on importation into Siam be subjected to any customsduty in excegs of 5 per cent. ad valorem during the first ten years after this treatyhas come into force.

It is understood that the articles to which this provision applies shall be thoseincluded in the groups III (I), III (c) and III (G), in volume I of the Annual State-ment of the Trade of the United Kingdom for 1923 compiled in the Statistical Officeof the British Customs and Excise Department.

It is further understood that in regard to particular classes of the above-mentioned articles customs duties may be imposed on a specific basis, providedthat such specific duties do not in any case exceed in amount the equivalent of 5per cent. ad valorem.

ARTICLE 11.

Drawback of the full amount of duty shall be allowed upon the exportationfrom Siam of all goods previously imported into Siam from His Britannic Majesty'sterritories which, though landed, have not gone into consumption in Siam, or beensubjected there to any process.

Nevertheless, His Britannic Majesty will not claim the advantages of this articlein so far as exports of filled gunny bags are concerned, so long as the duty leviableon the importation of gunny bags into Siam from the territories of His BritannicMajesty shall not exceed 1 per cent. ad valorem.

ARTICLE 12.

As soon as possible and in any case within six months of the coming into forceof this treaty a supplementary convention shall be concluded between the twocontracting parties which shall determine all matters incidental to the applicationof the duties specified in articles T0 and 11 of this treaty.

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SIAM-NO. XXIV-1925.

ARTICLE 13.

Any prohibitions or restrictions, whether by the creation or maintenance ofa monopoly or otherwise, which are, or may hereafter be, imposed in Siam on theimportation, purchase and sale of arms and ammunition shall not be so framed oradministered as to prevent British subjects, firms and companies from obtainingadequate supplies of industrial explosives for use in their industries, it being under-stood that nothing in this article shall preclude the Siamese Government fromenforcing such reasonable regulations as may be required in the interests of publicsafety.

ARTICLE 14.

Each of the two contracting parties undertakes to inform the other of its inten-tion to establish any monopoly with a view to securing that the monopoly shallinterfere as little as possible with the trade between the territories of the two con-tracting parties.

In the event of the establishment of any such monopoly, the question of the pay-ment of compensation, and the amount, if any, of such compensation which shallbe paid to the subjects or companies, partnerships or associations of one of thetwo contracting parties established in the territories of the other, shall be settledby mutual agreement between the two contracting parties or by arbitration.

Nothing in this article shall require the payment of compensation in the eventof the establishment of a monopoly relating to opium or other drugs included nowor hereafter within the scope of the International Opium Agreement and of the

.International Opium Convention signed at Geneva on the l1th February, 1925,and the 19th February, 1925, respectively.

ARTICLE 15.

Articles produced or manufactured in the territories of either of the two con-tracting parties, exported to the territories of the other, shall not be subjected toother or higher duties or charges than those paid on the like articles exported toany other foreign country. Nor shall any prohibition or restriction be imposedon the exportation of any article from the territories of either of the two contractingparties to the territories of the other which shall not equally extend to the ex porta-ion of the like articles to any other foreign country.

Nothing in this article shall apply to any prohibition or restriction imposedon the exportation of opium or other dangerous drugs included within the scopeof the International Opium Convention signed at Geneva on the 19th February,1925.

ARTICLE 16.

Articles exported from Siam to His Britannic Majesty's territories shall notfrom the time of production to the date of shipment pay more than one impost,whether this be levied as an inland or transit duty or paid on exportition.

Where thp Siamese Government has granted concessions which provide forpayments to the Government in respect of the product to which the concession

202

SIAM-NO. XXTV-192A.

relates on the understanding that an inland duty formerly levied should be with-drawn the payments in question shall be held to include an impost for the purposeof this article.

ARTICLE 17.Having regard to the provisions of article 7 of the International Convention'

relating to the Simplification of Customs Formalities signed at Geneva on the 3fdNovember 1923, the two contracting parties agree to take the most appropriatemeasures by their national legislation and administration both to prevent thearbitrary or unjust application of their laws and regulations with regard to customsand other similar matters, and to ensure redress by administrative, judicial or arbi-tral procedure for those who have been prejudiced by such abuses.

ARTICLE 18.

Internal duties levied within the territories of either of the two contractingparties for the benefit of the State or local authorities on goods, the produce ormanufacture of the territories of the other party, shall not be other or greater thanthe duties levied in similar circumstances on the like goods of national origin,provided that in no case shall such duties be more burdensome than the dutieslevied in similar circumstances on the like goods of any other foreign country.

ARTICLE 19.The two contracting parties agree, with respect to the treatment of commercial

travellers and samples, to accord to each other all those facilities and privilegeswhich are set out in the International Convention relating to the Simplification ofCustoms Formalities signed at Geneva on the 3rd November, 1923.

Any further facilities or privileges accorded by either party to any other foreigncountry in respect of commercial travellers or samples shall be extended uncon-ditionally to the other party.

ARTICLE 20.

Limited liability and other companies, partnerships and associations formedfor the purpose of commerce, insurance, finance, industry, transport or any otherbusiness, and established in the territories of either party, shall, provided that theyhave been duly constituted in accordance with the laws in force in such territories,be entitled, in the territories of the other, to exercise their rights and appear in thecourts either as plaintiffs or defendants, subject to the laws of such other party.

Each of the two contracting parties undertakes to place no obstacle in the wayof such companies, partnerships and associations which may desire to carry on inits territories, whether through the establishment of branches or otherwise, anydescription of business which the companies, partnerships and associations of anyother foreign country are, or may be, permitted to carry on,

Limited liability and other companies, partnerships and associations of eitherparty shall enjoy in the territories of the other treatment in regard to taxation

903

SIAM-NO. XkIV-9.

no less favourable than that accorded to the limited liability and other companies,partnerships and associations of that party.

In no case shall the treatment accorded by either of the two contracting partiesto companies, partnerships and associations of the other be less favourable in respectof any matter whatever than that accorded to companies, partnerships and asso-ciations of the most favoured foreign country.

ARTICLE 21.

Each of the two contracting parties shall permit the importation or exporta-tion of all merchandise which may be legally imported or exported, and also thecarriage of passengers from or to their respective territories, upon the vessels ofthe other, and such vessels, their cargoes and passengers shall enjoy the sameprivileges as, and shall not be subject to any other or higher duties, charges orrestrictions than national vessels and their cargoes and passengers, or the vesselsof any other foreign country and their cargoes and passengers.

ARTICLE 22.

In all that regards the stationing, loading and unloading of vessels in the portsdocks, roadsteads and harbours of the territories of the two contracting parties,no privilege or facility shall be granted by either party to vessels of any otherforeign country or to national vessels which is not equally granted to vessels ofthe other party from whatsoever place they may arrive and whatever may be theirplace of destination.

ARTICLE 23.

In regard to duties of tonnage, harbour, pilotage, lighthouse, quarantine orother analogous duties or charges of whatever denomination levied in the name orfor the profit of the Government, public functionaries, private individuals, corpo-rations or establishments of any kind, the vessels of each of the two contractingparties shall enjoy in the ports of the territories of the other treatment at leastas favourable as that accorded to national vessels or the vessels of any other foreigncountry.

ARTICLE 24.

The provisions of this treaty relating to the mutual concession of national treat-ment in matters of navigation do not apply to the coasting trade. In respect ofthe coasting trade, however, as also in respect of all other matters of navigation,the subjects and vessels of each of the contracting parties shall enjoy most-favoured-nation treatment in the territories of the other, in addition to any other advan-tages that may be accorded by this treaty.

The vessels of either contracting party may, nevertheless, proceed from oneport to another port in the territories of the other contracting party, either for thepurpose of landing the whole or part of their cargo~s or passengers brought fromabroad, or of taking on board the whole or part of their cargoes or passengers for aforeign destination.

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SIAM-N. XXIV-1925.

It is also understood that in the event of the coasting trade of either party beingexclusively reserved to national vessels, the vessels of the other party, if engagedin trade to or from places not within the limits of the coasting trade so reserved,shall not be prohibited from the carriage between two ports of the territories ofthe former party of passengers holding through tickets or merchandise consignedon through bills of lading to or from places not within the above-mentioned limits,and while engaged in such carriage these vessels and their passengers and cargoesshall enjoy the full privileges of this treaty.

ARTICLE 25.

Any vessels of either of the two contracting parties which may be compelledby stress of weather or by accident to take shelter in a port of the territories of theother shall be at liberty to refit therein, to procure all necessary stores and to putto sea again, without paying any dues other than such as would be payable in asimilar case by a national vessels. In case, however, the master of a merchantvessel should be under the necessity of disposing of a part of his merchandise inorder to defray his expenses, he shall be bound to conform to the regulations andtariffs of the place to which he may have come.

If any vessel of one of the two contracting parties shall run aground or be wreckedupon the coasts of the territories of the other, such vessels and all parts thereof andall furniture and appurtenances belonging thereto, and all goods and merchandisesaved therefrom, including any which may have been cast into the sea, or the pro-ceeds thereof, if sold, as well as all papers found on board such stranded orwrecked vessel, shall be given up to the owners of such vessel, goods, merchandiseetc., or to their agents, when claimed by them. If there are no such owners oragents on the spot, then the vessel, goods, merchandise, etc., referred to shall, inso far as they are the property of a subject of the second contracting party, bedelivered to the consular officer of that contracting party in whose district thewreck or stranding may have taken place, upon being claimed by him within theperiod fixed by the laws of that contracting party, and such consular officer,owners or agents shall pay only the expenses incurred in the preservation of theproperty, together with the salvage or other expenses which would have beenpayable in the like case of a wreck or stranding of a national vessel.

The two contracting parties agree, however, that merchandise saved shall notbe subjected to the payment of any customs duty unless cleared for internal con-sumption.

In the case of a vessel being driven in by stress of weather, run aground or wreck-ed, the respective consular officer shall, if the owner or master or other agent ofthe owner is not present, or is present and requires it, be authorised to interposein order to afford the necessary assistance to his fellow-countrymen.

ARTICLE 26.

All vessels which, according to British law, are.deemed to be British vessels,and all vessels which, according to Siamese law, are deemed to be Siamese vessels,

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SlAM-NO. XXIV-1925.

.shall, for the purposes of this treaty, be deemed British or Siamese vessels respec-tively.

ARTICLE 27.

It shall be free to each of the two contracting parties to appoint consuls-general,consuls, vice-consuls and consular agents to reside in the towns and ports of theterritories of the other to which such representatives of any other nation may beadmitted by the respective Governments. Such consuls-general, consuls, vice-consuls and consular agents, however, shall not enter upon their functions untilafter they shall have been approved and admitted in the usual form by the Gov-ernment to which they are sent.

The consular officers of one of the two contracting parties shall enjoy in theterritories of the other the same official rights, privileges and exemptions as areor may be accorded to similar officers of any other foreign country.

ARTICLE 28.

In the case of the death of a subject of one of the two contracting parties inthe territories of the other, leaving kin but without leaving at the place of his de-cease any person entitled by the laws of his country to take charge of and administerthe estate, the competent consular officer of the country to which the deceasedbelonged shall, upon fulfilment of the necessary formalities, be empowered to takecustody of and administer the estate in the manner and under the limitationsprescribed by the law of the country in which the property of the deceased issituated.

It is understood that in all that concerns the administration of the estates ofdeceased persons, any right, privilege, favour or immunity which either contractingparty has actually granted, or may hereafter grant, to the consular officers of anyother foreign country shall be extended immediately and unconditionally to theconsular officers of the other contracting party.

ARTICLE 29.

The consular officers of one of the two contracting parties residing in the ter-ritories of the other shall receive from the local authorities such assistance as canby law be given to them for the recovery of deserters from the vessels of theformer party. Provided that this stipulation shall not apply to subjects of th'contracting party from whose local authorities assistance is requested.

ARTICLE 30.

The sabjects of each of the two contracting parties shall have in the territoriesof the other the same rights as subjects of that contracting party in regard topatents for inventions, trade-marks, trade names, designs and copyright in literaryand artistic works, upon fulfilment of the formalities prescribed by law.

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SIAM-NO. XXIV-1925.

ARTICLE 31.

As soon as possible after the preponderating proportion of the imports intoSiam is obtained from countries whose subjects or citizens shall have become sub-ject to Siamese law and jurisdiction (even though still enjoying privileges underthe right of evocation), the Siamese Government will promulgate and bring intooperation laws for the proper regulation of the matters dealt with in article 30and will also take the necessary measures for the regulation of merchandise marksby which imported products shall be protected from competition through falsemarks, false indications of origin, the short reeling of yarns, and the false lappingof piece-goods.

ARTICLE 32.

It is hereby understood and agreed that none of the stipulations of the presenttreaty by which Siam grants most-favoured-nation treatment is to be interpretedas granting rights, powers, privileges or immunities arising solely by virtue ofthe existence of rights of exemption from Siamese jurisdiction, judicial, adminis-trative or fiscal, possessed by other foreign countries.

ARTICLE 33.

The two contracting parties agree that any dispute that may arise betweenthem as to the proper interpretation or application of any of the provisions of thepresent treaty shall, at the request of either party, be referred to arbitration,and both parties hereby undertake to accept as binding the arbitral award.

The court of arbitration to which disputes shall be referred shall be the Perma-nent Court of International Justice at the Hague, unless in any particular case thetwo contracting parties agree otherwise.

ARTICLE 34.

The stipulations of the present treaty shall not be applicable to India or to anyof His Britannic Majesty's self-governing dominions, colonies, possessions or pro-tectorates unless notice is given by His Britannic Majesty's representative at Bang-kok of the desire of His Britannic Majesty that the said stipulations shall apply toany such territory.

Nevertheless, goods produced or manufactured in India or in any of HisBritannic Majesty's self-governing dominions, colonies, possessions or protec-torates shall enjoy in Siam complete and unconditional most-favoured-nationtreatment so long as goods produced or manufactured in Siam are accorded in India,or such self-governing dominion, colony, possession or protectorate, treatmentas favourable as that accorded to goods produced or manufactured in any otherforeign country.

ARTICLE 35.

The terms of the preceding article relating to India and to His BritannicMajesty's self-governing dominions, colonies, possessions and protectorates shall

207

208 SIAM-NO. XXIV-1925.

apply also to any territory in respect of which a mandate on behalf of the League

of Nations has been accepted by His Britannic Majesty.

ARTICLE 36.

The provisions of the present treaty which apply to British subjects shall also

be deemed to apply to all persons who both enjoy the protection of His Britannic

Majesty and are entitled to registration in Siam in accordance with article 6 of the

General Treaty signed this day.

ARTICLE 37.

The present treaty shall be ratified and the ratifications shall be exchanged at

London as soon as possible. It shall come into force on the same day as the General

Treaty between the two contracting parties signed this day, and shall be bindingduring ten years from the date of its coming into force. In case neither of the two

contracting parties shall have given notice to the other twelve months before the

expiration of the said period of ten years of its intention to terminate the present

treaty, it shall remain in force until the expiration of one year from the date onwhich either of the two contracting parties shall have denounced it.

It is clearly understood that such denunciation shall not have the effect of

reviving any of the treaties, conventions, arrangements or agreements abrogated

by former treaties or agreements or by article 5 of the General Treaty signed thisday.

As regards India or any of His Britannic Majesty's self-governing dominions,

colonies, possessions or protectorates, or any territory in respect of which a man-

date on behalf of the League of Nations has been accepted by His Britannic Majesty

to which the stipulations of the present treaty shall have been made applicableunder articles 34 and 35 either of the two contracting parties shall have the right to

terminate it separately on giving twelve months' notice to that effect. Such

notice, however, cannot be given so as to take effect before the termination of the

period of ten years mentioned in the first paragraph of this article except in

case of His Britannic Majesty's self-governing dominions (including territoriesadministered by them under mandate) and the colony of Southern Rhodesia, in

respect of which notice of termination may be given by either contracting Fartyat any time.

In witness whereof the respective plenipotentiaries have signed the present

treaty and have affixed thereto their seals.

Done in duplicate in the English language, at London, the 14th day of July

in the nineteen hundred and twenty-fifth year of the Christian era, corresponding

to the 14th day of the 4th month in the 2468th year of the Buddhist era.

AUSTEN CHAMBERLAIN.

PRABHA KARAWONG SE.

SIAM-NO. XXIV-925.

NOTES exchanged between the UNITED KINGDOM and SIAM in connection withthe GENERAL and COMMERCIAL TREATIES between the UNITED KINGDOM

and SIAM, signed at LONDON on JULY 14, 1925.

London, July 14-September, 15, 1925.

No. 1.

The Siamese Minister to Mr. Austen Chamberlain.

Siamese Legation, London, July 14, 1925.

Sir,

In signing this day the general and commercial treaties between Great Britainand Siam, I have the honour to assure you, by order of my Government, that itis not the present intention of the Royal Siamese Government to impose any new,or increase any existing, export duties on teak, tin or rice.

I have, etc.,

Pt'ABHA KARAWONGSE.

No. 2.



Sir,

I have the honour to inform you that, when the time comes for the termina-tion of the existence of the international or empowered courts, cases then pendingbefore the said courts to which British subjects are parties will take their usualcourse before the said courts until such cases have been finally disposed of, andthe jurisdiction of the said courts will remain in full force for this purpose.

I have, etc.,

PRABHA KARAWONGSE.

No. 3.



Sir,

In connection with the new treaties recently signed between our two Govern-ments, I have the honour to inform you, by order of my Government, that, inorder to protect British interests with respect to non-contentious probate mattersunder the r6gime effected by the new treaties, the Royal Siamese Governmentwill be happy, after the ratification of the new treaties, to continue as hereto-

209

SIAM-NO. XXIV-1925.

fore the present system of consular probate jurisdiction with respect to non-corn-tentious matters connected with estates of pre-registered British subjects and thepresent practice by which consular officers deal with non-contentious mattersconnected with estates of post-registered British subjects in accordance with article3 of the Treaty of 1856 until such time as a new Siamese law shall be promul-gated dealing with the question of succession and probate.

I have the honour to inform you further, that it is the intention of the RoyalSiamese Government to proceed with the preparation and promulgation of thenew law as soon as possible.

I have, etc.,

PRABHA KARAWONGSE.

No. 4.

Mr. Austen Chamberlain to the Siamese Minister.

Foreign Office, July 14, 1925.Sir,

His Majesty's Government are happy to think that, in signing the generaland commercial treaties under which Siam obtains full jurisdictional and fiscalautonomy, they have made some contribution towards the free and prosperousdevelopment of Siam. Under the jurisdictional head, in particular, they haveagreed to the arrangements embodied in the annex to the general treaty, becausethey are convinced that in the near future nothing short of full autonomy in thesematters will be consonant with the position of Siam among civilised nations.Moreover, they feel sure that these arrangements will strengthen the ties that sohappily unite the two countries.

2. The existing ties between Siam, and Great Britain are mutually advantageousin a peculiarly high degree by reason of two facts. More than 50,000 Indian Britishsubjects pursue their avocations in Siam and contribute to the prosperity of thecountry. Furthermore British trade with Siam is longer established and largerin volume than that of any other country. These facts give to Anglo-Siameserelations an especially close and cordial character which His Majesty's Governmentare sure that the Siamese Government fully appreciate and share the desire of HisMajesty's Government to preserve. His Majesty's Government therefore feel veryconfident that the Siamese Government are not likely to take any steps calculatedto prejudice the British interests arising from these considerations.

3. His Majesty's Government, without wishing to make any suggestion whichmight constitute an interference in the internal affairs of Siam, or to make the grantof the rights acquired by Siam under the new treaties subject to any conditions

or restrictions, feel, nevertheless, in view of the magnitude of the interests involved,that it may be useful to state frankly certain apprehensions which they entertain.They do so at this moment when a new epoch of Siamese progress is beginning,with the object of averting possible future contingencies in which Siamese as wellas British interests might suffer. It is possible that by the time the new codes have

SIAM-NO. XXIV-1925.

been promulgated there will not be available, either because the law school estab-lished by the Siamese Government has not been fully developed or for some otherreason, a sufficient supply of fully trained Siamese judges to take the places of thepresent European legal advisers. Moreover, in any case, the fact that the new codesare based on Roman law must somewhat accentuate the difficulties of dealing withthe large number of commercial cases involving British interests that come beforethe courts. The Siamese Government doubtless appreciate this position; and it

therefore occurs to His Majesty's Government that they may well wish, should itbe necessary in order to avoid possible future injury to the interests common toboth countries, for a reasonable time after the coming into force of the variouscodes, and even, if necessary, after the disappearance of the right of evocation,to continue to employ a reasonable number of European legal advisers, of whoma proportion commensurate with British interests will be of British nationality;to continue to employ them in general in the same posts and in the same judicialcapacities as at present, and to arrange that they shall exercise their powers inthe same general manner as they have hitherto done (except in so far as thetermination of the 1909 treaty may result in their judgments no longer prevailingin the cases provided for under that treaty) ; to retain the post of judicial adviser,which it will probably be impracticable to fill with a lawyer of other than British

nationality ; and to employ as a teacher in the law school an English lawyer,preferably a barrister familiar with the Indian codes.

I have, etc.,

AUSTEN CHAMBERLAIN.

No. 5.



Sir,

The Royal Siamese Government desire to express their very sincere apprecia-tion for the frank and friendly note of His Britannic Majesty's Government withreference to affairs in Siam under the new r6gime. The Royal Siamese Govern-ment have taken very careful note of the matters set forth in this communication,and they will endeavour, in respect of the several points set out in the letter fromHis Britannic Majesty's Government, to do everything possible to safeguard Brif i,'Iinterests in Siam, so far as this can be done without injury to the interests of the

Royal Siamese Government.

In particular, the Royal Siamese Government readily give an assurance that it

is their intention not to dispense with the services of European legal advisers uponthe ratification of the new treaties, but to continue to employ them until such time

after the promulgation of the codes as they may be convinced that the administra-tion of justice by Siamese judges shows the further services of such Europeanadvisers to be unnecessary.

SIAM-NO. XXIV-1925.

The Royal Siamese Government take this opportunity of reaffirming the prin-ciple as to the use of British law in commercial cases where no Siamese law exists.Until the promulgation of the civil and commercial code they intend to continueto act upon this principle, which was expressed in the following form in theletter of the 19th May, 1909, from Mr. Westengard to Mr. Beckett:-

" Where there is no existing Siamese statute or precedent the Siamese courtsadminister customary law. The custom in commercial matters where there areforeign communities is generally in accordance with English principles. There-fore, Siamese courts in such cases are guided by English statutes and cases as far ascircumstances admit."

I have, etc.,

PRABHA KARAWONGSE.

No. 6.


Foreign Office, August 5, 1925.

Sir,

I have the honour to inform you that I have noted with gratification the con-tents of the three notes complementary to the general and commercial treatiessigned on the 14th ultimo between Siam and Great Britain, which you handed tome on that date, and which contain the following assurances : (1) That it is not thepresent intention of the Siamese Government to impose any new or increase anyexisting export duties on teak, tin or rice; (2) that, when the time comes for thetermination of the existence of the international or empowered courts in Siam, casesthen pending before those courts to which British subjects are parties will taketheir usual course before the courts until such cases have been finally disposed of,and that the jurisdiction of those courts will remain in full force for this purpose ;and (3) that the Siamese Government agree to continue, after the ratification ofthe treaties, the present system of consular probate jurisdiction with respect to non-contentious probate matters until such time as a new Siamese law shall be prom-ulgated dealing with the question of succession and probate and that it is theirintention to proceed with the preparation and promulgation of the new law as soonas possible.

2. I have also the honour to acknowledge the receipt of your note of the 28thultimo, in reply to the note which I handed to you at the time of signature of thetreaties, in which you inform me of the intentions of the Siamese Governmentin regard to the matters mentioned in my note in particular the retention of theEuropean judicial advisers, and give an assurance of the continued use of Britishlaw in commercial cases until the promulgation of the civil and commercial code.

I have, etc.,

AUSTEN CHAMBERLAIN.

212

SIAM-NOS. XXIV AND XXV-1925.

No. 7.


Siamese Legation, London, August 12, 1925.Dear Mr. Chamberlain,

Sir Sydney Chapman, of the Board of Trade, has called my attention to thepossible ambiguity of the word " tin " as used in my letter to you of the 14th July,1925, concerning export duties on teak, tin and rice, and has raised the questionof whether the assurance contained in this letter covers export duties on tin oreas well as on tin in its other forms.

I have pleasure in informing you that it is the understanding of my Govern-ment that the word "tin" as used in this letter covers both tin and tin ore.

Believe me, etc.,

PRABHA KARAWONGSE.

No. 8.


Foreign Office, September 15, 1925.

My dear Minister,

I thank you for your letter of the 12th ultimo informing me that it is the under-standing of the Siamese Government that the word " tin " used in your note ofthe 14th July concerning export duties on teak, tin and rice covers both tin andtin ore.

I am bringing this understanding to the attention of Sir Sydney Chapman andthe various Government Departments concerned.

Believe me, etc.,

AUSTEN CHAMBERLAIN.

No. XXV.

ARBITRATION CONVENTION between GREAT BRITAIN and SIAM, 1925.

(Ratified on 2nd February 1927.)

His Majesty the King of the United Kingdom of Great Britain and Irelandand of the British Dominions beyond the Seas, Emperor of India, and His Majestythe King of Siam, parties to the Protocol establishing the Permanent Court ofInternational Justice, signed at Geneva on the 16th December 1920, being desirous

of concluding a Convention with a view to referring to arbitration all questionswhich they may consider possible to submit to that mode of settlement, haveappointed as their plenipotentiaries:

213

SIAM-NO. XXV-1925.

His Majesty the King of the United Kingdom of Great Britain and Irelandand of the British Dominions beyond the Seas, Emperor of India ; The RightHonourable Joseph Austen Chamberlain, a Member of Parliament, His Majesty'sPrincipal Secretary of State for Foreign Affairs ; and


Phya Prabha Karawongse, His Majesty's Envoy Extraordinary andMinister Plenipotentiary at the Court of His Britannic Majesty ;

Who, having communicated to each other their respective full powers, foundin good and true form, have agreed as follows

ARTICLE 1.

Differences of a legal nature which may arise between the two ContractingParties and which it may not have been possible to settle by diplomacy, in theabsence of contrary agreement shall, at the request of either Party, be referredto the Permanent Court of International Justice established by the Protocol ofDecember 16, 1920, in accordance with the procedure laid down in the statutes ofthat Court and in the rules of court adopted thereunder, provided, nevertheless,that such differences do not affect the vital interests, the independence or the honourof the two Contracting Parties, and do not concern the interests of third parties.The Contracting Parties agree to accept the decision of the Court as binding

ARTICLE 2.

The present Convention, which shall be ratified, is concluded for a period offive years dating from the exchange of ratifications, which shall take place atLondon as soon as possible. In case neither of the two Contracting Parties shallhave given notice to the other twelve months before the expiration of the saidperiod of five years of its intention to terminate the present Convention, it shallremain in force until the expiration of one year from the date on which either of thetwo Contracting Parties shall have denounced it.

In witness whereof the respective plenipotentiaries have signed the presentConvention and have affixed thereto their seals.

Done in duplicate in the English language at London, the 25th day of Novemberin the nineteen hundred and twenty-fifth year of the Christian era, corresponding

to the 25th day of the eighth month in the two thousand four hundred and sixty-eighth year of the Buddhist era.

AUSTEN CHAMBERLAIN.

PRABRA KARAWONGSE.

214

SIAM-NO. XXVI-1926. 215

No. XXVI.

NOTES exchanged between the BRITISH and SIAMESE MINISTERS ensuring anAGREEMENT ON DRAWBACKS AND THE METHOD OF COMPUTING ad valorenRATES under the NEW SIAMESE CUSTOMS LAW, 1926.

Prince Traidos to Mr. Waterlow.

Bangkok, September 30, 1 26.M. le Ministre,

I have the honour to draw your attention to section 59 of the new SiameseCustoms Law. It is stipulated in the first paragraph of this section that " whengoods which have paid import duty are exported the import duty shall be returned;provided that the following regulations are complied with, and that proof be pro-duced that the goods have not been sold, used or manipulated in any way whilein the country to make a business profit."

2. It has occurred to the Royal Government that cases may arise in which itmay be necessary to give a ruling as to the proper interpretation of article 11of the Commercial Treaty of the 14th July, 1925, between His Britannic Majesty'sGovernment and the Royal Siamese Government, which, in dealing with the condi-tions under which the duty on re-exported goods is to be returned provides thatthe duty shall be refunded when such goods " have not gone into consumptionin Siam or been subjected there to any process "; and that it might conceivablybe argued that the wording of the article in question is open in important respectsto a wider interpretation than is the wording of section 59 of the Customs Lawsetting forth the conditions which must be fulfilled if a refund of customs dutyis to be obtained.

3. In order, therefore, to avoid any possible misunderstanding in the future,the Royal Government would be glad to learn whether His Britannic Majesty'sGovernment are prepared to accept the wording of section 59 of the Customs Lawas correctly giving effect to article 11 of the Commercial Treaty so far as the condi-tions are concerned under which a refund of customs duty may be obtained.

4. Similarly, the Royal Government would be glad to learn whether HisBritannic Majesty's Government are prepared to accept the wording of sections 11and 12 of the new Siamese Customs Law as providing a correct method for thedetermination of value and the computation of ad valorem duties on those articlesincluded within articles 10 and 11 of the Commercial Treaty of the 14th July 1925.

5. I have the honour to add that it is not suggested that the special arrange-ment in force as regards the refund of duty on gunny bags should be affected inthe event of His Britannic Majesty's Government returning a favourable replyto the question asked in paragraph 3 above. As regards the drawback on thesearticles the Royal Government assume that His Britannic Majesty s Governmentdo not desire any alteration in the existing exceptional and amicable arrange-

XIV

SIAM-NO. XXVI-1926.

ment obtaining between the Royal Government and the mercantile community,which is understood to be as follows :-

Drawback on duty is allowed to the importer on all gunny bags which areexported within two years from the date of importation, filled or unfilled, by theimporter or the vendee from the importer. The Royal Government propose, ifthat assumption is correct, that the arrangement in question should continue to beregarded as holding good until the import duty on gunnies is abolished or reducedto a figure not exceeding 1 per cent. ad valorem.

6. In conclusion, I have the honour to suggest that, if the above proposalsshould commend themselves to Your Excellency's Government, it may be un-necessary to take steps to implement article 12 of the Commercial Treaty, whichcontemplates the conclusion of a Supplementary Convention between Great Britainand Siam before the 30th September 1926.

I avail, etc.,TRAIDOS,


3-r. Waterlow to Prince Traidos.

Bangkok, September 30, 1926.

M. le Ministre,I have referred to my Government the various points raised in the note which

Your Highness was so good as to address to me on the 30th instant, and underitigtructions from His Majesty's Principal Secretary of State for Foreign Affairs,I now have the honour to make to you the following communication.

2. His Majesty's Government have received with sitisfaction the proposal,contained in paragraph 5 of Your Highness' note, as to the continuance of theexisting arrangement as regards the drawback on gunny bags. This proposalis entirely agreeable to them, and on the understanding that the arrangementin question will, as indicated, not be revoked before the duty on gunny bags isreduced to a figure not exceeding 1 per cent. ad valorem or abolished, I aminstructed, in reply to the question asked in paragraph 3 of Your Highness' note,to inform you that His Majesty's Government do not intend to question thewording of section 59 of the new Siamese Customs Law, and that they accept it ascorrectly giving effect to article 11 of the Commercial Treaty of the 14th July,1925, between Siam and Great Britain as regards the conditions under which therefund of import duty is to be granted.

3. I have the honour to add that, on the same understanding as that mentionedin the preceding paragraph, His Britannic Majesty's Government also accept sec-tions 11 and 12 of the new Siamese Customs Law as providing a correct methodfor the determination of valu6 and the computation of ad valorem duties on thosearticles included within articles 10 and 11 of the Commercial Treaty of the 14thJuly, 1925.

216

SIAM-NO. XXVI-1926.

4. It is suggested in paragraph 6 of Your Highness' note that the presentexchange of notes on the above points may make it unnecessary to implementarticle 12 of the Commercial Treaty, which contemplates the conclusion of aSupplementary Convention between Siam and Great Britain not later than the 30thSeptember, 1926. My Government are prepared to acquiesce in this suggestionalso, provided that the Royal Government on their side are prepared to assureHis Britannic Majesty's Government that, if they should at any time desire underthe terms of article 10 of the Commercial Treaty of the 14th July, 1925, to imposespecific duties or to convert into specific duties the ad valorem duties (not to exceed5 per cent.), they will, before proceeding to do so, consult with His BritannicMajesty's Government as to the method of calculating such specific rates.

I avail, etc.,

S. P. WATERLOW.


M. le Ministre, Bangkok, September 30, 1926.

I have the honour to acknowledge the receipt of your note of the 30th instantinforming me that, on the understanding that the present arrangement as regardsrefund of duty on gunny bags will not be revoked before the duty is reduced to afigure not exceeding 1 per cent. ad valorem or abolished, His Britannic Majesty'sGovernment accept the wording of section 59 of the Siamese Customs Law as cor-rectly giving effect to article 11 of the Commercial Treaty of the 14th July 1925,between Great Britain and Siam, and also accept sections 11 and 12 of the newSiamese Customs Law as providing a correct method for the determination of valueand the computation of ad valorem duties. The Royal Government have notedthese assurances with satisfaction.

2. As regards the point raised in paragraph 4 of Your Excellency's note, theRoyal Government have no hesitation in assuring His Britannic Majesty's Govern-ment that they will consult with them beforehand as to the method of calculat-ing specific rates, should they at any time desire, under the terms of paragraph 3of article 10 of the Commercial Treaty of the 14th July 1925, to impose specificduties or to convert into specific duties the ad valorem duties (not to exceed5 per cent.). The Royal Government therefore assumes, in agreement with HisBritannic Majesty's Government, that there will be no need to proceed to thenegotiation of a Supplementary Convention as contemplated in article 12 ofthe Commercial Treaty.

I avail, etc.

TRAIDOS,


217

SIAM-NO. XXVII-1928.

No. XXVII.

NOTES exchanged between the BRITISH and SIAMESE GOVERNMENTS regarding theaccession of INDIA to certain Articles of the Anglo-Siamese General andCommercial Treaties of 1925,-1928.

Mr. Waterlow to Prince Traidos.

M. le Ministre, Bangkok, March 5, 1928.

I have the honour, in accordance with article 9 of the General Treaty of the14th July, 1925, between Great Britain and Siam, and in accordance with article34 of the Treaty of Commerce and Navigation of the same date between GreatBritain and S;am, to inform your Highness that my Government desire that thestipulations of articles 2, 3 and 4 of the General Treaty and the stipulations of theTreaty of Commerce and Navigation shall apply to India.

2. I am instructed to add that this communication is subject to the followingreservations: Firstly, that the privileges granted by the said treaties in their applica-tion to any State in India shall be subject to such modifications as are necessitatedby the laws and regulations in force in any such State or by reason of the legitimateexercise of the powers inherent in the ruler of any such State ; and, secondly, thatthe right to appoint consular officers or consular agents under article 27 of theTreaty of Commerce and Navigation shall be restricted to seaport towns in BritishIndia.

3. I am informed by my Government that the term " privileges " covers allthe advantages conferred by the treaties, and that under the first of the above re-servations Siamese nationals in Indian States shall enjoy the rights of Britishsubjects, but not those of British-protected persons ; and, further, that Calcutta,Rangoon and Moulmein are all regarded as seaport towns in British India, and thatit is the policy of the Government of India to agree to the appointment of consularofficers at seaports only.

4. I shall be glad to learn whether the Royal Siamese Government acceptthese reservations as thus interpreted.

I avail, etc.,

S. P. WATERLOW.

Mr. Waterlow to Prince Traidos.

M. le Ministre, Bangkok, March 6, 1928.

I have the honour to refer to my note of yesterday's date concerning the desireof my Government that the stipulations of articles 2, 3 and 4 of the General Treatyand the stipulations of the Treaty of Commerce and Navigation should apply toIndia, subject to certain reservations.

218

SIAM-NO. XXVII-1928.

In further explanation of the reservations, I am authorised to say-

1. That the term " British subject " includes both Europeans and Asiatics,and that no discrimination is made against the latter as regards ailprivileges for which the treaties provide.

2. That it is the intention of the Government of India normally to suggestsimilar reservations in future before acceding to similar treaties witheither European or other countries.

I avail, etc.

S. P. WATERLOW.


Ministry for Foreign Affairs,


I have the honour to acknowledge the receipt of your letter of the 5th instantinforming me that your Government, in accordance with article 9 of the GeneralTreaty of the 14th July, 1925, between Great Britain and Siam, and in accordancewith article 34 of the Treaty of Commerce and Navigation of the same date bet-ween Great Britain and Siam, desire that the stipulations of articles 2, 3 and 4of the General Treaty and the stipulations of the Treaty of Commerce and Navi-gation shall apply to India, subject to certain reservations as set forth thereinand as further explained in your supplementary note of the 6th instant.

I am glad to inform your Excellency that-His Majesty's Government sees noobjections to the reservations as thus interpreted, and therefore accepts them.

I avail, &c.

TRAIDOS,


219

APPENDICES.

EASTERN TURKISTAN-APPENDIX NO. I.

EASTERN T URKISTAN.

APPENDIX No. 1.

Extracts from the TREATY of Peace, FRIENDSHIP, COMMERCE and NAVIGATION

between HER MAJESTY the QUEEN of GREAT BRITAIN and IRELAND andthe EMPEROR of CHINA, signed at Tientsin, 26th June 1858, ratification ex-

changed at Peking, 24th October 1860.

ARTICLE VII.

Her Majesty the Queen may appoint one or more Consuls in the dominionsof the Emperor of China; and such Consul or Consuls shall be at liberty to residein any of the open ports or cities of China, as Her Majesty the Queen may consider

most expedient for the interests of British commerce. They shall be treated with

due respect by the Chinese authorities, and enjoy the same privileges and immuni-ties as the Consular Officers of the most favoured nation.

Consuls and Vice-Consuls in charge shall rank with Intendants of Circuits

Vice-Consuls, Acting Vice-Consuls, and Interpreters, with Prefects. They shallhave access to the official residences of these officers, and communicate with

them, either personally or in writing, on a footing of equality, as the interestsof the public service may require.

ARTICLE VIII.

The Christian religion, as professed by Protestants or Roman Catholics, incul-

cates the practice of virtue, and teaches man to do as he would be done by.Persons teaching it or professing it therefore, shall alike be entitled to the protec-tion of the Chinese authorities; nor shall any such, peaceably pursuing theircalling, and not offending against the laws, be persecuted or interfered with.

ARTICLE IX.

British subjects are hereby authorized to travel, for pleasure or for purposes oftrade, to all parts of the interior, under passports which will be issued by their

Consuls, and countersigned by the local authorities. These passports, if demanded,must be produced for examination in the localities passed through. If the pass-

port be not irregular, the bearer will be allowed to proceed, and no opposition

shall be offered to his hiring persons or hiring vessels for the carriage of his baggage

or merchandise. If he be without a passport or if he commit any offence against

the law, he shall be handed over to the nearest Consul for punishment, but he

must not be subjected to any ill-usage in excess of necessary restraint. No pass-

port need be applied for by persons going on excursions from the ports open to

tiade to a distance not exceeding 100 li, and for a period not exceeding five days.

$ * * * $ *

EASTERN TURKISTAN-APPENDIX NO. 1.

ARTICLE XII.

British subjects, whether at the ports or at other places, desiring to build oropen houses, warehouses, churches, hospitals, or burial-grounds, shall make theiragreement for the land or buildings they require at the rates prevailing amongthe people, equitably, and without exaction on either side.

ARTICLE XIII.

The Chinese Government will place no restrictions whatever upon the employ-nent, by British subjects, of Chinese subjects in any lawful capacity.

ARTICLE XV.

All questions in regard to rights, whether of property or person, arising betweenBritish subjects, shall be subject to the jurisdiction of the British authorities.

ARTICLE XVI.

Chinese subjects who may be guilty of any criminal act towards British subjectsshall be arrested and punished by the Chinese authorities, according to the lawsof China.

British subjects, who may commit any crime in China, shall be tried andpunished by the Consul, or other public functionary authorized thereto, accordingto the laws of Great Britain.

Justice shall be equitably and impartially administered on both sides.

ARTICLE XVII.

A British subject having reason to complain of a Chinese must proceed to theConsulate and state his grievance. The Consul will inquire into the merits of thecase, and do his utmost to arrange it amicably. In like manner, if a Chinese havereason to complain of a British subject, the Consul shall no less listen to his coin-plaint, and endeavour to settle it in a friendly manner. If disputes take place ofsuch a nature that the Consul cannot arrange them amicably, then he shall requestthe assistance of the Chinese authorities that they may together examine into themerits of the case, and decide it equitably.

ARTICLE XVIII.

The Chinese authorities shall at all times afford the fullest protection to thepersons and property of British subjects whenever these shall have been subjectedto insult or violence. In all cases of incendiarism or robbery, the local authori-ties shall at once take the necessary steps for the recovery of the stolen property,the suppression of disorder, and the arrest of the guilty parties, whom they will

punish according to law.

EASTERN TURKISTAN--APPENDIX NO. I. iii

ARTICLE XXII.

Should any Chinese subject fail to discharge debts incurred to a British subject,or should he fraudulently abscond, the Chinese authorities will do their utmost toeffect his arrest, and enforce recovery of the debts. The British authorities will

likewise do their utmost to bring to justice any British subject fraudulently abs-

conding or failing to discharge debts incurred by him to a Chinese subject.

ARTICLE XXIV.

It is agreed that British subjects shall pay, on all merchandise imported orexported by them, the duties prescribed by the tariff ; but in no case shall theybe called upon to pay other or higher duties than are required of the subjects ofany other foreign nation.

ARTICLE XXV.

Import duties shall be considered payable on the landing of the goods, andduties of export on the shipment of the same.

ARTICLE XXVII.

It is agreed that either of the High Contracting Parties to this Treaty maydemand a further revision of !the Tariff, and of the Commercial Articles of thisTreaty, at the end of ten years; but if no demand be made on either side within

six months after the end of the first ten years, then the tariff shall remain in force

for ten years more, reckoned from the end of the preceding ten years ; and soit shall be, at the end of each successive ten years.

ARTICLE XXVIII.

Whereas it was agreed in Article X of the Treaty of Nanking, that British

imports, having paid the tariff duties, should be conveyed into the interior free ofall further charges, except a transit duty, the amount whereof was not to exceed

a certain percentage on tariff value ; and whereas no accurate information havingbeen furnished of the amount of such duty, British merchants have constantlycomplained that charges are suddenly and arbitrarily imposed by the provincialauthorities as transit duties upon produce on its way to the foreign market, and

on imports on their way into the interior, to the detriment of trade ; it is agreed

that within four months from the signing of this Treaty, at all ports now open

to British trade, and within a similar period at all ports that may hereafter be

opened, the authority appointed to superintend the collection of duties shall beobliged, upon application of the Consul, to declare the amount of duties leviableon produce between the place of production and the port of shipment, and uponimports between the Consular port in question and the inland markets named by

EASTERN TURKISTAN-APPENDIX NO. I.

the Consul; and that a notification thereof shall be published in English andChinese for general information.

But it shall be at the option of any British subject, desiring to convey producepurchased inland to a port, or to convey imports from a port to an inland market,to clear his goods of all transit duties, by payment of a single charge. The amountof this charge shall be leviable on exports at the first barrier they may have topass, or, on imports, at the port at which they are landed; and on paymentthereof, a certificate shall be issued, which shall exempt the goods from all furtherinland charges whatsoever.

It is further agreed that the amount of this charge shall be calculated, as nearlyas possible, at the rate of two and a half per cent. ad valorem, and that it shallbe fixed for each article at the Conference to be held at Shanghai for the revisionof the Tariff.

It is distinctly understood that the payment of transit dues, by commutationor otherwise, shall in no way affect the tariff duties on imports or exports, whichwill continue to be levied separately and in full.

ARTICLE LIV.

The British Government and its subjects are hereby confirmed in all privileges,immunities, and advantages conferred on them by previous Treaties; and it ishereby expressly stipulated, that the British Government and its subjects will beallowed free and equal participation in all privileges, immunities and advantagesthat may have been, or may be hereafter, granted by His Majesty the Emperorof China to the Government or subjects of any other nations.

SIAM-APPENDIX NO. 1-1885. V

SIAM.

APPENDIX No. I.

ROYAL DECREE of the KING of SIAM, under the Treaty of 1883.

Dated the 9th January 1885.

Phrabat Somdetch Phra Paramindr Maha Chulalonkorn Patindr Debia MahaMongkut Purnsiaratne Rajarawiwongse, Warutmabongse Paribat Warakhattiara-

janikarotama Chaturantaparama Maha Chakrabartirajatangkas Paramadharmika

Maharajadhiraja Paramanarth Pabitr Phara Chula Chom Klow, King of Siam,

fifth Sovereign of the present Royal Dynasty which founded the City Ratne KosindrMahendr Ayudhya at Bangkok, the great Capital of the Dominions of Siam, both

Northern and Southern, Suzerain of Loas Chiang, and Loas Kow, Malayan andKarean Dependencies, etc., etc., etc., having ascended the throne in the Royal

Audience Hall Chakree Maha Prasad Borom Raj Piman in the Royal Palace, the

Royal Princes, the Ministers of State, Councillors, men of high legal and scientificknowledge and officers of the Civil and Military Departments, being assembled in

Audience, His Majesty graciously signified His pleasure that-

Whereas a new Convention has been made between Siam and Great Britain

with a view to promote trade and commerce in the Provinces of Chiengmai, Lakon

and Lampoonchi, and with a view to reorganize the mode of legal procedure incases between Loas and foreigners; it therefore pleased His Majesty to appointfurther Judges for the International Court at Chiengmai in addition to those

already there, whose duty it shall be to examine all such cases, in order that theRoyal Commissioner previously appointed, may give his attention to the discussionand settlement of subjects connected with foreign countries in conjunction withthe Consul or Vice-Consul in Cbiengmai, and it pleased His Majesty to commandthat His Royal Highness Krom Phra Bamrap Parapax Samuha Nayoke should

consult with the Royal Judges (Luk Khun Sala and Luk Khun San Luang) andestablish laws for the guidance of the Royal Commissioner and Judges, and forthe use of the Loas Courts in Chiengmai as follows :-

Article 1st.-All matters connected with the subjects and citizens of foreigL

countries which have treaty relations with Siam, which may arise in any part ofthe three Northern States of Siam, namely Chiengmai, Lakon and Lampoonchi,shall be under the supervision of the Royal Commissioner for Foreign Affairs who is

appointed by His Majesty the King for this purpose.

Article 2nd.-All matters connected with the subjects and citizens of foreign

countries having treaty relations with Siam and the three Northern States, unlessthere shall be an order or authorization from the Royal Commissioner for Foreign

Affairs for the said State or a despatch bearing the Phra Racchasi seal authorizing

the same, shall not be administered or interfered with in any manner by any

Prince or Chief or officer or person of any rank whatever. If any one shall

meddle with such matters whether his action is right or wrong he shall be adjudged

SIAM-APPENDIX NO. 1-1885.

as having done wrong, and all such actions shall be considered as null and void,and will not be considered as having any official force whatever.

Article 3rd.-The Royal Commissioner for Foreign Affairs is invested with fullpower to compel the various departments of the three States of Chiengmai, Lakonand Lampoonchi to do whatever is just and in keeping with their official dutieswith a view to regulate and control all foreign affairs in his department. All theofficers of the various departments shall give heed to and obey his instructions.If, however, such instructions are unjust and not consistent with duty to Govern-ment, let the officers and provincial authorities hasten to report the matter toBangkok and the Minister of the North has power to set aside and annul suchimproper orders and actions of the Royal Commissioner.

Article 4th.-The Royal Commissioner for Foreign Affairs shall appoint officersto perform the various duties necessary for the effectual carrying out of the provi-sions of the Treaty, and it shall always be the duty of the Royal Commissioner toexplain the meaning of the Treaty and the law and what is just and suitable for theinformation of the various Princes, Chiefs and officers, and if any difficulties shallarise in regard to any official matter in his department or outside of it and theChiefs and officers concerned shall come to ask his opinion on the subject or toreceive his orders, it shall be his duty to give them his advice, assistance and in-structions whenever requested. He shall not offer objections or postpone or neglectthe matter nor fail to use his best endeavours to render them such assistance.

Article 5th.-It shall be the duty of the Royal Commissioner to make arrange-ments and regulations and establish stations for the purpose of being accuratelyinformed at all times with regard to the number and nationality of foreignersfrom friendly nations who enter the States under his jurisdiction, and as to wherethey are, and to take proper precautions to prevent others falsely passing them-selves off as such. If there is any reason for suspicion, it shall be his duty to makeproper investigations and representations regarding the matter, and it shall be theduty of the Royal Commissioner to issue proper passports to people to travel ortrade in foreign countries.

Article 6th.-It shall be the duty of the Royal Commissioner to exercise awatchful care to prevent an unlawful or improper collection of taxes or obstruc-tion of trade. Whenever any new tax is to be collected or if any change is to bemade in the tariff of taxes, the rulers of the country shall consult with the RoyalCommissioner who shall examine the matter with care and not suffer anythingto be done contrary to the treaties or allow any obstruction to trade or unreason -

able exactions to be established which will be a cause of hindrance to trade. Themethod of collecting taxes shall not be allowed to be such as to cause unnecessarydifficulties to the people and to traders as that they cannot have reasonable advan-tages. When such matters have been agreed upon, it shall be the duty of theRoyal Commissioner to publish the same accurately and properly.

Article 7th.-It shall be the duty of the Royal Commissioner to supervise anddirect that the authorities of the Krom Mu'ang Department shall establish a properpolice force to guard the frontier of the country, that there may be no carelessness

SIAM-APPENDIX NO. T-1885.

and neglect of duty in this respect, and further he has full power to devise meansto prevent crime and to bring criminals to justice who are in any way connectedwith the subjects and citizens of friendly nations. If any persons guilty of commit-ting any of the crimes mentioned in the extradition laws shall escape from the ter-ritory of a friendly power into any of the three States, or if any such person shallescape into the territory of a friendly power, it shall be the duty of the Royal Com-missioner to take suitable action for the extradition of such offenders accordingto the extradition laws, dated 13th July 1885, and that the interests of both coun-tries may not be allowed to suffer.

Article 8th.-The Royal Commissioner shall be the chief of the Forest Depart-ment of the three Northern States of Siam, and in like manner, as the chief of theForest Department in Bangkok, he shall exercise full authority in superintendingand administering all matters connected with the forest according to the regulationsat the time in force, but he shall be under the instructions of the authorities inBangkok. Whatever action he shall take or if he shall experience any difficulties,he shall report them to the chief of the Forest Department in Bangkok on everyoccasion.

Article 9th.-All law-suits in which foreign subjects are parties either as plain-tiffs or defendants, shall be heard and determined only in the International Courtat Chiengmai which His Majesty has been pleased to establish the sole Court for thehearing of all such cases, and if any such cases as aforementioned shall arise and itshall be necessary to investigate and decide them in Lakon or Lampoonchi or inany other State, the Royal Commissioner, after receipt of a Thongkra from Bangkokgiving special authorization in the particular case, is at liberty to try the casecivilly or criminally in Chicngmai or in such other State as he shall think fit, inaccordance with the laws of Siam.

Article lOth.-In the examination of cases or of witnesses in this Court the useof ordeal by diving under water or by walking through fire, etc., and investigationby means of flogging, the head-screw, the thumb-screw, and the other means pre-scribed by the criminal procedure law, inflicting punishment in cases of suspicionor slighter doubt, when the actual truth is not ascertained, are not permitted inthe practice of the Court.

Article llth.-In the examination of criminal cases, if it does not appear fromthe evidence given by witnesses taken from the common people that the accusedparties are guilty, and if there is still ground for suspecting the accus i, let themgive proper securities and then set them at liberty.

Article 12th.-All cases to be tried in this Court in which either of the p irties,without reference to his rank or position, shall duly and in legal form appointan attorney to represent him, or in case either of the parties is at a distance fromthe Court and shall go before a Local Magistrate and make out a power of attorneyin due form and pay the established fee, the Court shall allow such attorneys toappear instead of their clients.

Article 13th.-In the investigation of all cases in which a foreign subject is a de-fendant or in which both parties are foreign subjects, the Consul or Vice-Consul


of the party or parties shall be allowed to attend the hearing of the case and be in-formed of all the proceedings according to the Treaty. And if the Consul or Vice-Consul shall consider the proceedings of the Judge unjust, he may make note ofany suggestions or objections in writing to the Judge, and the Judge shall considerwhether such objections are in accordance with law and justice, and, in case theJudge does not approve of them, he shall note his reasons in writing except ashereinafter provided, and he shall proceed with the case to the end and shall decidethe case according to law.

Article 14th.-Any case in which foreign subjects are defendants or in whichboth parties are foreign subjects, if their Consul shall disagree with the opinion.)f the Judge as mentioned in the foregoing article, and they shall not be able tocome to an agreement on the subject, if the Consul shall make out a requisition tothe Judge that the case be referred to his Court for trial, let the Judge deliver thocase up to him according to the Treaty. All cases besides those mentioned hereinshall be determined in the International Court alone.

A rticle 15th.-There cannot be any appeal to Bangkok in any case before judg-ment is given, but if the parties object to any order of the Judge, they may entera protest and the Judge shall record such protest and the Judge shall have his ownanswer to every such protest recorded as well. In case the parties make suchobjections and the Judge shall refuse to receive them, let the parties report the matterto the Royal Commissioner. After judgment is given, if either of the parties shalldesire to appeal to Bangkok, the following form shall be observed.

Article 16th.-It shall be the duty of the Royal Commissioner to have an over-sight of the chief Judge and inferior Judges who have been appointed by lis Gra-cious Majesty to try cases connected with foreign subjects in the three NoithernStates, in connection with the Judges appointed in those States, in order that theymay administer justice. If either the plaintiff or defendant in any case is dis-satisfied with the decision or the order of any Judge on any point, and desires toappeal the case to Bangkok he shall lodge a notice of appeal within 15 days afterthe decision has been given, and in accordance with the Treaty he must first ask thesaniction and consent of the Commissioner, and the Commissioner shall enquireinto the matter, and in case he finds there is suitable ground for appeal he shallallow the appeal to be made. But if the Royal Commissioner shall find thatthe object is simply to cause delay and to avoid the judgment, he shall enforcethe judgment before allowing the appeal to be made. In any case -in which theJudges have received notice of an appeal, and the Commissioner shall considerthat the appeal s.Sould be allowed, he shall forward a transcript of all the pro-ceedings in the case to Bangkok. But the Commissioner cannot receive or tryany appeal against the decision of the Judges or set aside or overthrow thedecision of the Judges except in case he shall receive instructions to that effectfrom Bangkok. If the Judges shall act contrary to law or justice in any matter ofgreat or small importance, let the Commissioner without fail report the matterto Bangkok without delay.


Article 17th.-Tf the Royal 'Commissioner or the Judges shall act in any respect,contrary to the law, any one can complain against them in Bangkok, and in Bangkokonly, if the complaint is not of the nature of an appeal against a decision in anycase.

Article 18th.-As to receiving complaints, if any complaint is made to the Court,and the Judge who receives the complaint considers that it should be entertainedand that there are charges to be collected according to the established tariff, leta summons be issued for the defendant which shall bear the seal and signature of'the Commissioner. In civil cases where there appears to be no proof or whereno Court-fees are deposited by the plaintiff as security, the Judge shall dismissthe case, and shall not suffer such cases to remain on the docket of the Court asan incumbrance.

In criminal cases the Royal Commissioner shall appoint an attorney for the Stateto collect evidence and prosecute the case.

Article 19th.-When a decision has been given by the Judge or in cases wherethere is no security furnished and where the parties wish to watch each other, letthe ludge -hand o~rer the parties in the case to the Commissioner who shall thenhand them over to the custody of a proper officer pending the decision, and in de-cided cases the officer may, to enforce the decision, confine' them in the lock-upfor detaining peTsons sub judite or in the prison for condemned persons. If suchparties are subj-etts of foreign powers, the Consul shall have free access to them.

Article 20th.-In any case in which a foreign subject shall be imprisoned undera sentence of the Judge, it the Consul shall, by a written requisition under hishand, require that the prisoner be removed to the Consular prison there toundergo the residue of his term of imprisonment, the Commissioner shall hand oversuch person to the Consul.

Aticle 21st.-The Comtnssionei rnd the Judges together with the Rulers ofthe -Vhree Northern States of Chiengmai, Lakon and Lampoonchi are empoweredto establish rules regulating the procedure in cases concerning foreigners or nativesfor the better and more efedtual administration of justice. But before suoh rulesshall be enforced, they shall be reported to the authorities in Bangkok.

Proclaimed on 9th January 1885.

ROYAL DECREE of the KING of SIAM under the TREATY of 1883, 'DATED 28TH APRIL

1887.

Phra Bat Somdetch Phra, etc., etc., etc.

Preamble.-Whereas a Royal Decree, dated the 9th January 1885, was pro-mulgated in several Articles containing instructions to the Judges of the Courtestablished in accordance with the Treaty concluded between Siam and GreatBritain on the 3rd September 1883, and whereas it seems expedient to us to makecertain alterations and amendments to our said Decree ; it has pleased His Majestyto aver as follows:-

That Article 12 be taken to refer only to civil cases.

X SIAM-APPENDIX NO. 1-1885.

That Article 13 be annulled and the following substituted for it

In the investigation of all cases in which a British subject is a party'or in whichboth parties are British subjects, the Consul or Vice-Consul is entitled accordingto the Treaty to be present at the hearing, and to be furnished with copies of theproceedings, which, when the defendant or accused is a British subject, shall besupplied free of charge, and to make any suggestions to the Judge or Judges whichhe may think proper in the interests of justice. Such copies shall be furnishedfrom time to time as the Consul or Vice-Consul may request.

The judgment shall be communicated to the Consul or Vice-Consul in draftform before its delivery in Court, in cases where the defendant or both parties areBritish subjects, and in other cases the judgment shall not be delivered except inthe presence of the Consul or Vice-Consul, unless he shall have had due notice before-hand.

That the following be substituted for Article 14

The Consul or Vice-Consul has power under the Treaty at any time before judg-ment, if he thinks proper in the interests of justice, by a written requisition underhis band, directed to the Judge or Judges to signify his desire that any cases inwhich both parties are British subjects be transferred for adjudication to theBritish Consular Court. If therefore the Consul or Vice-Consul shall make arequisition to the Judge or Judges as provided by Treaty, let them hand over thecase to him.

In Article 15 omit the words :--In case the parties make such objections andthe Judge shall refuse to receive them, let the parties report the matter to theRoyal Commissioner.

For Article 16, substitute the following:-

In civil and criminal cases in which British subjects may be parties in theInternational Court either party is entitled to appeal to Bangkok; if a Britishsubject with the sanction and consent of the British Consul or Vice-Consul, andin other cases by leave of the Judge or Judges who shall have tried the case.

Pending the result of this appeal, the judgment of the Court at Chiengmaishall be suspended on such terms and conditions (if any) as shall be agreed uponbetween the said Judge or Judges and the Consul or Vice-Consul.

Rules of appeal, which have been agreed upon between His Majesty's Ministerfor Foreign Affairs and Her Britannic Majesty's Minister Resident are heretoannexed, and will be binding upon parties wishing to appeal.

This Decree given on Thursday, the 7th waxing of the 6th month of the yearKun 1249 of the Siamese astronomical era in the 20th year of His Majesty's Reigncorresponding to 28th April 1887,

By His Majesty's Command,

DEVAWONGSE VAROPRAKAI&

INDEX.

AITCHISON, MR. C. U . . . . . . . . . . 149ALLOWANCE payable by the British Government to Bhutan 75, 76, 77, 79, 82, 83, 86,

87, 89, 92ALU DoRzI, Thimpu Jongpen . 77

AMBAN-

Chinese Magistrate 3, 14

Establishment of, at Lhasa 14

AMBARI FALLAOTTA.-Annexation of . 74, 84, 85, 86, 88, 91AMHERST DISTRICT .. 100, 103AMHERST, LORD 107

ARMS, AMMUNITION AND WARLIKE STORES-

Import into Nepal . 67, 68, 69Import into Tibet 17

Import into Siam 113, 121, 125, 161, 202

BABER SHUmSHERE JUNG, GENERAL

BADRI NAR SINGH

BAGGE, LIEUTENA1NT A. H.

BAHADUR SAH

BAILEY, MAJOR F. M..

BAm BAHADUR

BANGKOK-

British Subjects inCourts

BELL, SIR CHARLES

BETTIAH.-Seizure of, by NepaleseBHI AGAR.-Seizure of, by NepaleseBHIM SEN THAPA

BHUTAN-

Account ofAllowance payable toArea, population and revenueNepalese intrigues withTransfer of management of political

BIR SHUMSHERE

BOGLE, MR.

BOUNDARIES-

45, 4643

135362143

102, 105, 113, 118, 129, 130183, 197

. 21,'92, 943737

. 37, 39, 40

7175, 76, 77, 79, 82, 83, 86, 87, 89, 92

8040

affairs to Government of India 77, 7844

between British and French possessions in Upper Mekong . 164between British and Siamese dependencies in Malay . 102, 167

Commission for defining Siamese . 98, 100, 135, 175, 177, 178

Defining of, between Nepal and British India , 43, 50, 64, 65

Defining of, between Sikkim and Tibet .. . . 16

INDEX.

BOUNDARIEs-contd.Delimitation of, between Bhutan and IndiaDelimitation of, between Russia and Chinese Turkistanof Province Wellesleyof the Gyantse Trade MartRusso-AfghanRusso-ChineseTenasserimTreaty between China and Kashmir regarding

BowRiNG, Sin JOHN

BRITISH SUBJECTS-

Arrangements for judicial cases in Eastern Turkistan in which,concerned

European, in Eastern TurkistanExtra-territorial rights in SiamIn NepalIn Siam 101. 102. 104. 105. 109

Jurisdiction applicable to, in Siam

Land holdings of, in SiamBROOKE, SIR JAMES

BURMA.-Annexation ofBURNEY, CAPTAIN

BUTWAL.- Seizure of, by NepaleseBUXA

BUZRUK KHAN, Khan of Kashgaria

77, 871,2,4

97, 11520,28

41,2,4

101, 135, 14815

97, 116

are9

7,9104, 118, 165, 196

46, 56, 60, 62117, 118, 125, 126, 127, 165, 176, 177, 181,

183, 184, 192, 194, 196, 198, 200105, 117, 125, 126, 151, 177, 179, 181, 183,

184, 192, 196102, 104, 118, 127, 129, 130, 168

97100

97, 107, 11337762

C

CHANDRA SHUMSHERE JUNG, Rana BahadurCHAO ERH FENGCHELMSFORD, LORD .

CHIENGMAI .98, 99, 100, 103, 104,CHN-SHu-ZN.-Provisional Governor of SinkiangCHINA-

Chinese troops in Tibet .

Conquest of Eastern Turkistan byDelimitation of frontier between Russia andInsurrection in Western Provinces ofRepublican RevolutionSovereignty of, over TibetTreaty between, and NepalTreaty between Great Britain and, 1906

CHOLAY TULKU, Deb RajaCHULALONGKORN, King of Siam(,HUM13I-

British occupation ofRoute through, Valley to Tibet

COMMERCE,-

British, with BhutanBritish, with NepalBritish, with Siam .97, 98, 108, 11(

44, 45, 46, 4719,21

45105, 149, 150, 154, 157, 184

6

201,31,2

2.3, 5,20,36

14, 19, 263626

78. 79.98, 105, 207, 209, 212

19, 22, 2578

75, 9036, 39, 48

S1131 124, 149, 150, 155, 198

J 2 ] )

INDEX.

CONAUGHT, Dux OF

CONSUL GENERAL--

Establishment of a British, in KashgarWithdrawal of Russian, from Kashgar

CoocH BEHAR.-Expedition to Bhutan for the relief of the Raja ofCOR WA tLIS, L ORD - .

COURTS in Siam 99, 105, 157, 158, 176, 179, 180, 181, 182, 183,CRAWFURD, MR. JOHN

CRME in SiamCURZON, LORD

CUSTOMS HOUSE REGULATIONS

DAKAITS

DALAI LAMA

D)ALHOUSIE, LORD

DE RAJA OF BHUTAN

DEB SHUMSHERE

IDBSTs.-Settlement of EnemyDECLARATION-

concerning Siamregarding the administration of Kelantan a

DEcREEs.-Siamese RoyalDEVA SHUNG (Supreme Government) of TibetDHARMA RAJA OF BHUTAN

DHIR SHUMSHERE

DIKA (Supreme Court) of SiamDRUGS.-Import into TibetDUARS-

Annexation ofOccupation of, by British troopsPayment of compensation to Chiefs of

DUNCAN, MR.

DUN, THE.-Annexation of .

DURAND, SIR MORTIMER

DUTIES-

46

55

72, 8135, 36

184, 193, 19697

154, 160• 17, 18, 44

134

37, 39, 89, 98, 149, 150, 1561 *3, 14, 20

7371, 74, 75, 76, 77, 78, 79

44105, 190

nd Trenggannu1731699913

71, 74, 78, 7944

105, 180, 19717

.73, 74, 75, 83, 85, 86• 74, 86, 88

73353816

on British Indian goods entering Eastern Turkistan .8

on goods crossing the Burma-Siam frontier . 99, 105, 106, 109, 160, 161on goods entering Bhutan 90on goods entering Nepal 39, 48, 60, 68on goods entering Siam 99, 105, 106, 109, 119, 122, 127, 153, 193, 199, 201,

203, 209, 215on goods entering Tibet 17, 23

on Russian goods entering Eastern Turkistan 2

EASTERN TURISTAN. See Turkistan, Eastern.

EDEN, THE HON'BLE ASHLEY

EDGAR, SIR JOHN •

74, 84, 81, 8715

INDEX.

ENVOY, BRiTISH, at the Court of NepalEVEREST EXPEDITION

EXTRADITION-

Mutual, of offenders between Bhutan and Sikkimof offenders from Bhutanof offenders from Nepal .

of offenders from Siam .

46* . . .21

S . .79

75, 79, 81, 89, 94• 41, 51, 61, 62, 65, 66

.99, 102, 105, 117, 150, 157, 185

FISCAL AUTONOMY OF SIAM . 105

FOREIGN JURISDICTION AND EXTRADITION ACT, XXI OF 1879 103

FORESTS in Siam .99, 152, 158, 159, 199FORSYTH, MR. 2, 7FRANCE--

Agreement between Great Britain and, regarding Siam and the UpperMekong, 1896 100, 104, 162

Sphere of influence of, in Siam 173

FRONTIER DISPUTES with Nepal 38FUTAI (Provincial Governor) of Eastern Turkistan 3

G

GAGGAN SINGH

GAMBLING in Siam .

GANTEm NAM GYEL, Deb RajaGAN-ZANG, Deb RajaGARDNER, MR.

GARTOK-

Posting of Indian Officer at .

Trade MartGIRVAN JODH BIKRAM, Maharaja of NepalGORDON, SIR J. D.GOULD, MR. E. B.GRAHAM, GENERAL

GRAHAM, MR., Adviser to State of KelantanGUc HEN.-Russian Consular representation inGULAB SING, RAJA OF JAMMUGuNs.-Surrender by Bhutan of British, lostGURKHA(S)-

Expulsion of, from Hill CountryHistory of, in NepalInvasion of TibetWar

GWALIOR.-Nepalese intrigues withGYANTSE-

Boundaries of, Trade MartBritish Trade AgentNepalese official atTrade Mart

40104

75, 7676, 77

39

1922

36, 37, 39419916

1044

15at Dewangiri 1 75, 87

38, 3935

14, 153840

20,

20, 281942

22, 28, 29

INDFX.

H

HANI.-Russian Consular representation inHASTINGS, WARREN

HAYDEN, SIR HENRY

HAYWARD, MR.

HENDERSON, DR.

HILDEBRAND, MR. A. H.

HILL CHIEFS-

Nepalese conquest ofTerritory of, conquered by the British

HUNzA.-Chinese suzerainty in

HYDE1ABAD.-Nepalese intrigues with

IBBtTSON, MR. R.

In1-Occupation of, District by RussiaRevolt in, District

INDEMNITY-

Reduction of Tibetan .

TibetanINDIA-

Accession of, to the Anglo-Siamese Treaty, 1925Accorded most-favoured-nation treatment in Siam

INDO-CHINESE FRONTIER

IRWIN, LORD

JAOAT JUNG

JENGRIZ KHAN.-Conquest of Tibet by

JIGmE NAm GYEL, the Tongsa Penlop

JloMf WANGOCHUR, the Tongsa Penlop

JODAlUR.-Nepalese intrigues with,JONGPEN.-Tibetan District Officer

J No BAHADURJ1URISDICTION-

Consular Probate in Siam

In Siam 98, 99, 105, 117, 125,

2,35

S. . 19,25* . . 19,22

106, 195, 218

43,4414

74, 75, 76, 778040

* 1340,43

I . 210,212126, 151, 157, 176, 183, 184, 192, 196

KAAENG

KAMMPENG PETT PROVINCE

414, 38

2122

100

3738, 55

440

INDEX.

KARENNIBurmese aggression in

KA-SHA.-Tibetan Council of State

KASHGAR-

British Consular representation inIndian trade inLand ceded to Russia in

Russian Consular representation inRussian Trade inVisited by Messrs. Shaw and Hayward

KASHGARIA. Sce Turkistan, Eastern.

KAsHMIR Mission to Tibet

KATHMANDU.-Establishment of British Residency

KEDAH

Occupation by Siamese

KELANTAN

KENG TUNG

KHOJAS, dispossessed Rulers of KashgariaKINLOCH, CAPTAIN

KIRKPATRICK, MAJOR

KITCHENER, LORD

KNOX, CAPTAIN

KoBDO.-Russian Consular representation inKUnILAI KH XN, First Mongol Emperor of China

KULDJA-

Occupation by Russia of the, DistrictRetrocession to ChinaRevolt in Ili DistrictRussian Consular representation in

KUMAON.-Annexation of

LADAKH.-Chinese advance onLAHoRE.-Nepalese intrigues with, DarbarLAKON

LAKON LAMPANG

LAMCHEN, Deb RajaLAMPUNCHILANSDOWNI, LORD

LAWRENCE, JOHN

LHASA-Capital of TibetEffect in, of Chinese RevolutionNepalese Official and trading station atTibetan attack on Nepalese inYounghusband Mission. Arrival in,

98, 100100

13

*5

*1

2

1537

.97, 104, 110, 167, 17597, 110, 115

97, 104, 110, 167, 169, 175, 178100, 103

1, 2353645

36,374

14

2,345

1,538

* .1540

99, 103, 149, 150, 154, 157105, 184

7699, 103, 149, 1.50, 154, 157

104, 169, 175

148

1320

15, 424218

97LIGOR*

LIQUOR-

Compensation to Bhutan for removal of, shops on the borderImport of, into Tibet

LONCHENS (Chief Ministers) .

INDEXl.

MACAULAY, MR. COLMAN

MACDONALD, BRIGADIER-GENERAL J. R. L.

MA19WANPUR-

Conquest of, by the NepaleseTribute paid by the Nepalese for

MALAY-Boundaries between British and Siamese dependencies inExtradition of offenders

MANNING, THOMAS

MAPs.-Burma-Siam boundaryMATABAR SINGH

MAWKMAI

MEKONG

Agreement between Great Britain and France regarding

MERGUI DISTRICT

MINES in SiamMINTO, LORD

MISSION(S)-

Bogle's, to ShigatseBrooke's, to SiamChinese, to NepalChinese and Tibetan, to BhutanCommercial, to BhutanCrawfurd's, to SiamEden's to BhutanKashmir Commercial, to TibetKirkpatrick's, to NepalKnox's, to NepalMacaulay's, to TibetNepalese, to ChinaPezoberton's, to BhutanStreet's, to ChiengmaiTibetan, to PekingTurner's, to ShigatseVisit of Indian, to KashgarVisit of, from Amir of Kashgar toVisit of Russian, to KashgarYounghusband's, to Tibet

MONG HANG

- HSAT- HTA

- KYAWT

-PAN- TUN

MONGOL Invasion of TibetMUANG BANTAPHAN

CHOMPHON

- KooI

India

1618

3535, 51

102, 167, 175105

15100, 136, 148

3439 4100

* * * 100101, 162

103, 110, 12519945

149745777297

74, 84, 861536371639

73992014232

16

* * 100,100100

S * 100100100

14103103

* • 103

viii

MUANG KEZABURI- NAN

- PATBURIPATIN

- PHRIM

R ENONG- TAK- TON- UTAI

MUTINY, INDIAN.-Services r

iNDEX.

endered by Nepal

NAGPUR.-Nepalese intrigues with Raja of

NAN

NEPALx-

Account ofAggression by, on British frontierArea, population and revenueExtension of conquests by,Hostilities between, and TibetInvasion of, by Chinese .

Military forcesTibet. Payment by, to .

Treaty between, and Tibet, 1856NEPHUM YusHi GNODUP (CHOLAY TULKU), DebNEWAR DYNASTY OF NEPAL

during

10399, 103

103103

99, 103103103103103

43,63

35374737

15,413647

15,4215,41

7835

Raja

OCHTERLONY, SIR DAVID

OIL in SiamOPiu.-Import into Siam

OUDH, NAWAB-WAZIR OF-

Boundaries between Nepal and dominions ofCession by, of Butwal and Sheoraj to the British .

PADAM JuNG

PADMA SHUMSHERE JUNG, GeneralPALPA RAJA

PANG SANGYE DOIM, Deb RajaPARKES, MR. H. S.PARO PENLOP ,

PASSPORTS in Siam

PATANI

PAUL, MR.

PAYMENT, ANNUAL, by Tibet to Nepal

38199

110, 119, 202

5037

. . . . . . .44

. . . . . . . 45,46

. . . . . . . 3777

97, 12476, 77,79

99, 118, 127, 150, 151, 152, 155, 1569716

15,42

iNDhX.

.EGU .

PEMBERTON, CAPTAIN

PERLIS 1. . . .

PHRABAT SOMDETCH PHRA CHOM KLOW, King of Siam.

PHRE

PHYA SRI SAHADEB

PICHAI

Po GYAI.O

POLICE-

Arrangements on Nepal frontier .

At Tibetan Trade MartsIn Siam

POSTAL ARRANGEMENTS at Tibetan Trade MartsPOWERS, FOREIGN-

Position of, in SiamPosition of, in Tibet

PRAJADIPOK, King of SiamPRESENTS.-Grant of Rs. 10 lakhs by the British Gover

PRITHVI BIR BIKRAM SAH

PRITHVI NARAIN, King of the Gurkhas

PROCLAMATION-

Annexation of the Duars

Siamese Extradition Treaty

PUKET

PuRNEA:-Seizure of Bhimnagar near, by the Nepalese

ix

125S . . 73

104, 17598

99, 103104

99, 10313

4131,32

98, 150, 156, 16331

101, 162, 165,

nment to Nepal

173, 180, 18119

1061. 46

44,4535,36

. 74, 85, 91105

97, 105, 18437

RAHENG * .99, 103RAILWAYS in NepalRAJENDRA BIKRAM SAH .

RAJPUTANA.-Nepalese spies sent toRAMA VI, KING OF SIAM

RAMNAGAR.-Seizure of villages in, by the NepaleseRAN BAHADUR SAH, Maharaja of NepalRANBIR JUNG

RANJIT MAL, King of Bhatgaon .RANUDIP SINGH

REGULATIONS, CUSTOMS HOUSE .

RESIDENT, NEPAr-

Appointment of .37, 39Shelter given by, to Nepalese refugees

REwA.-Nepalese spies sent toRIVETT-CARNAO, MR. , * *

ROAD through Chumbi Valley into TibetROBERTS, LORD . * ,

RussIA-Chinese Contular representation inConsular representation by, in Eastern TurkistanConsulate General withdrawn from KashgarConvention between Great Britain and, regarding Tibet

105, 160, 16147

39,4340

105, 10640

36, 37, 524435

43,44134

46, 52, 53, 564440102

78,9144

21,4

15* 19

INDEX.

RussiA-contd.Delimitation of frontier between, and Chinese DominionsIndependence of Yakoob Khan, Ruler of Kashgaria recognised byOccupation by, of Ili (Kuldja) DistrictRevolution of 1917Right of Consular representation in Eastern TurkistanTrade in Kashgar

SSAL'---

Import of, into SiamImport of, into Tibet

SALUTF-

of Maharaja of Bhutanof Tashi Lama on his visit to India

SALWEEN-

Mong, Tun, Mong Hang, Mong Kyawt, Mong lltStates

SARmOL RANGE, Russo-Chinese boundarySAWANKALOKE

SAWLAPAW, Chief of KarenniSAWLAWI, Chief of KarenniSHAN(S)

StatesZimme

SHA-PE, Tibetan Minister

SHARAT.-Trial by, in Eastern Turkista.SHAW, MR.

SHEon.-Seizure of, by the Nepalese.

SHIGATSE-

Nepalese official atTashi-Lhunpo Monastery

SHUJAH NAm Gyms, Deb RajaSIAM-

Account ofAgreement between Great Britain and France reBritish Consular representation inDika (Supreme Court) ofNeutralization of

SIKKIM-

Cession of land to, under Treaty of SegauliExtradition arrangements between, and BhutanInvasion of, by Bhutan .

Nepalese intrigues withRoad through, into Tibet

SINGAPORE

SINGH PERTAB

SINKIANG-

British India trade inEffect of Chinese Revolution inProvince of

a Districts

garding

1,2,42

5

1,, 4, &.1,2,4,65

* 16117

79* * 19

100, 103100

499, 103

100100

98* 10,103,

98

13

32

37

42* 14

• 76

97100, 104, 162

. 157, 206105, 180, 197

102

Q

INDEX.

SLAVES.-Emancipation of, in Nepal

SONAM ToGYn Doni, RAJA, Bhutanese Agent

SONGKLA

STREET, MAJOR C. W.

SUBSIDY-

British, payable to BhutanChinese, paid to Eastern Turkistan

SUKOTAI

SURENDRA BIKRAM SAH

46, 4780

105, 184

99

.75, 76, 77, 79, 82, 86, 87, 89, 924

99, 103

S. . 40,43

TAOTAZ (Intendants of Circuits)TAOYIN (Intendants of Circuits) .

TARAI, THE-

Cession of 38, 3Visit of His Majesty King George V toVisit of Prince of Wales to

TARIFF-Customs, in SiamModification of Siamese,

TASHI LAMA

TAsHI-LHUNPO.-Monastery of, near ShigatseTAVOY DISTRICT

TAXES in Siam . .102, 127, 131, 16ETCHUGUCHA.-Russian Consular representation inTEA.-Import into TibetTEICHMAN, MR.

TELEGRAPH(S)-Establishment of, communication with TibetIn Tibet

TEMPLE, SIR RICHARD

TENASSERIM 10

Siamese encroachments inTHOMSON, MR. H. W., ASSISTANT ADVISER TO KELANTAN

THON I

THUGS .

TIBET--Account ofAdministration, internal .

Anglo-Russian Convention regardingAnnual payment by, to NepalArea, population and revenueChinese sovereigntyCouncil of StateDeva Shung (Supreme Government) ofEstablishment of telegraphic and telephonic communicationGurkha invasion ofInvasion of, by Raja of JammuKa-Sha (Supreme Council of State)Mongol invasion of .I I

9, 43, 57, 58, 64, 7345

43, 45, 46

104, 119, 122104

14, 19, 7214

103, 110, 125, 177, 193, 199, 200

51721

21, 2731

160, 110, 125, 135, 148

10010499

37, 39, 59, 89

132719

15,4221

14,19131321

14,15151314

INDEX.

TrBT--contd.National Assembly (Tsong-du-Chembo)Nepalese conquests inPosition of Foreign Powers inRupture between, and NepalTreaty between, and Nepal, 1856Younghusband Mission, Arrival of, in Lhasa

TINLE NAM GYEL, Paro Penlop . .

TITAI (Commander-in-Chief) of Chinese TroopsTITLE-

Conferment by Turkey of, of Amir-ul-mumininRuler of Kashgaria

Conferment of, of Dalai LamaTONGSA PENLOP

Election of, as Maharaja of Bhutan

TRADE-

British, in BhutanBritish, in NepalBritish, in Siam 97, 98, 108, 110, 113, 12a,British Indian, in Eastern TurkistanIndian, with TibetNepal and TibetRegulations in SiamRussian, in Eastern Turkistan

TRADE MARTS-

AdministrationChinese Superintendents at TibetanJurisdictionPolicePostal arrangementsRoutesTibet

TRADE REGULATIONS, TIBET

TREATY-

between Kashmir and Tibetbetween Nepal and Tibet

3623, 2715,4115,41

18

773

of Yakoob Khan,

1474, 75, 76, 77, 78, 79, 80

79

75,9036,39

121, 125, 149, 150, 155, 160, 161, 1985,6,716,22

* 15,42,48* *121

1,2,4,5

2920

29,3031,32

3131

19, 20, 22, 29* 16, 19, 28

TRENGGANNU . 97, 104, 105, 110,TRIBHUBANA BiR BIRRAM JUNG BAHADUR SHAH BAHADUR SHUMSHERE

Maharaja Dhiraj of NepalTRIBUTE--

Bhutan, to the British GovernmentNepalese, to the British Government

TRILORYA BiR BIKRAM SAH*

TRIPARTITE CONVENTION, 1914TROOPS, BRITISH--

In NepalIn Tibet

TROOPS, NEPALEE.-Strength ofTSERINO PALJOR, Paro Penlop

TSONG-DU-CHEMBO (TIBETAN NATIONAL ASSEMBLY)

TUPAN (Governor) of Eastern Turkistan

TUAFAN.-Russian Consular representation in

1515

167, 169, 175, 178JUNG,

45

* 72, 73, 81* 35,36,51

4320,21

35, 37, 38, 4019, 22, 25, 32

47

79

14

3

INDEX.

TuRxEY-Conferment of title of Amir-ul-muminin on Ruler of Kashgaria by the

Sultan ofIndependence of Yakoob Khan, Ruler of Kashgaria recognised by

TURKIsTAN, EASTERN-

Account of KashgariaArrangement for judicial cases in, in which

concerned

Chinese revolt inChinese rule inConquest of, by Buzruk KhanInsurrection inKhojas, dispossessed rulers of KashgariaLand ceded to Russians in .

Russian Consular representation inRussian Trade inBritish Consular Representation inBritish trade in

TUNnER, CAPTAIN SAMUN ,

British subjects are

UGYEN WANGCIKUK I ,

Election of, as Maharaja of BhutanURGA.-Russian Consular representation inURUMCHIE-

Capital of Eastern TurkistanRussian Consular representation in

UTARADIT I ,I.

77, 78, 79, 8079

* . 1

34,5

, 9 99

VERSAILL E s, TREATY OF .

VuJIRAVUDH, King of SiamVISIT(s)-

Bailey, Major F. M., Visit to LhasaBell, Sir Charles, Visit to LhasaBir Shumshere, Prime Minister of Nepal,

105, 191105

Visit to India

212144

Chandra Shumshere Jung, Prime Minister of Nepal, Visit to EnglandChandra Shumshere Jung, Prime Minister of Nepal, Visit to IndiaDeb Raja of Bhutan to IndiaDelai Lama to IndiaHis Majesty King George V, Visit to Nepal TaraiKing of Siam to India .

Kitchener, Lord, Visit to NepalMaharaja of Bhutan to IndiaManning, Thomas, Visit to LhasaPrime Minister of Nepal to England .

Prince of Wales, Visit to Nepal TaraiRoberts, Lord, Visit to NepalTashi Lama to IndiaTongsa Penlop's visit to India,

4545, 46

76204598457915

40, 4543, 45, 46

441978

xiii

INDEX.

WAR-

between Bhutan and Sikkim .between Nepal and Tibetwith Nepal

WAR, AFGHAN.-Services of Nepal duringW AR, GREAT-

Effect of, in Eastern TurkistanServices rendered by Bhutan duringServices rendered by Nepal duringSiam and the

AVELLESLEY), LORD

WELLESLEY PRovINc.-Boundaries of

WHITE, MR., Political Officer, Sikkim

YAKOOB KHAN BADAULAT-

Amir of KasbgariaIndependence of, recognised by Great Britain

YAKOOB KHAN TORA, SAYYID

YANo-TsENG-HsIN, Governor of Sinkiang ProvinceY\NPE, Deb RajaYARKAND.-Visit to, of Messrs. Shaw and HaywardYATUNe, British Trade MartYE.--Province ofYOUNGHUSBAND, SIR FRANCIS

YtT\N SHIH KAI, President of Chinese RepublicYUNZALIN DISTRICT

ZIMNE

ZORAWAR SINGH, GENERAL

ZUNGARIA-

Invasion of Tibet byPortion of Sinkiang Province

7241

38,5446

57945

10537

97, 11517

2, 3,72

6

77, 7:2

16, 20, 22, 29110, 125

* 18, 78, 912098

98, 9915

14

MGIPC-L---VI-8-20-9-29-635.

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